California Hoa posted names and delinquencies

Started by SheilaR5 • 12 replies • 190 views

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SheilaR5 (California)
Posts: 42

Posted:

Our California Hoa board and property manager posted a list of names and amounts of owners deliquencies . They also posted homeowner lien info. Is this legal? It us posted on the community website.

DeanJ
Posts: 1,786

Posted:

I don’t know if it’s legal, but I doubt it accomplishes much. HOA dead beats likely have poor credit and bill collectors hounding them. So there name being published isn’t a big deal.

Moving the process to foreclosure is the proper board action, although I suspect an owner would die of old age before an HOA would be successful with a foreclosure in CA.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If the information is incorrect, a member could bring legal action under CA civil code 1798.84.
Talk to an attorney to see the merits of such a case before bringing it.

Filed liens is public information, so not sure there is anything against that.

I believe most attorneys would advise against posting the names.

Some info:

Davis-Stirling Collection Policy page scroll down to Confidentiality and Publishing Delinquent Owners' Names

HOA Collections And The Fair Debt Collection Practices Act from a management company

SheliaH (Indiana)
Posts: 6,964

Posted:

What Dean and Tim said.

As a former board treasurer, I never thought this was a good idea, nor have I seen anyone report on this website or elsewhere that such lists resulted in the person paying up. I suppose someone thought publishing the names would prompt payment because the people on it don't want the neighbors to give them the stink eye, but as Dean noted, they're likely at the point where they don't care if people know. Some have enough to deal with and if the information is wrong, the association risks being sued. It can also be a violation of the Fair Credit Reporting Act.

I used to tell people if they wanted to know who was delinquent, I'd ask how much they were willing to pay to clear someone's account. If they had a number that matched an account, I want a check and once it cleared, I'll send a letter to them and the homeowner saying the account is now current and so and so paid it off. How the payer got his/her money back isn't the association's business. No one ever took me up on that offer.

Ask the board if they ran this through the association attorney - probably not and asking the property manager doesn't count either because he/she isn't an attorney. Hopefully, you're not on that list, but if you are, you can do two things at once, starting with doing what you can to bring the account current. If you have written, verifiable proof of financial hardship, talk to the board about a payment plan. Also let then know of the legal risks for publishing your name - and you will consider legal action, if necessary.

And if you've stopped paying assessments because you're mad at the board and/or property manager for something else, understand that your legal obligation to pay assessments is different from a dispute with the association about other issues. You don't want to shoot yourself in the foot by putting your home at risk for foreclosure by the association, so pay what you owe and then address the issue in the appropriate manner - if you have to take legal action over that issue, have at it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Good citation by Tim of CA HOA attorneys' opinions & the possibility of a lawsuit if, say, an owner "pays up" the date the list is posted. Defamation?

I'd send Tim's citations to the board nd entry suggest that their decision might lead to trouble or the entire HOA.

TerriS6 (California)
Posts: 3,284

Posted:

In California, a board must vote in open board meeting whether or not to record a lien.
But the law also provides confidentiality to a delinquent homeowner to meet and confer or to attend an executive session in which case there is a legitimate issue of privacy.

KerryL1 (California)
Posts: 14,550

Posted:

Terri's right. The Board must vote in an open meeting to record a lien. But the owner's name is not required. Our Board stats and an APN #, which, of course, anyone could look up.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By SheliaH on 02/27/2025 7:48 AM
What Dean and Tim said.

As a former board treasurer, I never thought this was a good idea, nor have I seen anyone report on this website or elsewhere that such lists resulted in the person paying up. I suppose someone thought publishing the names would prompt payment because the people on it don't want the neighbors to give them the stink eye, but as Dean noted, they're likely at the point where they don't care if people know. Some have enough to deal with and if the information is wrong, the association risks being sued. It can also be a violation of the Fair Credit Reporting Act.

I used to tell people if they wanted to know who was delinquent, I'd ask how much they were willing to pay to clear someone's account. If they had a number that matched an account, I want a check and once it cleared, I'll send a letter to them and the homeowner saying the account is now current and so and so paid it off. How the payer got his/her money back isn't the association's business. No one ever took me up on that offer.

Ask the board if they ran this through the association attorney - probably not and asking the property manager doesn't count either because he/she isn't an attorney. Hopefully, you're not on that list, but if you are, you can do two things at once, starting with doing what you can to bring the account current. If you have written, verifiable proof of financial hardship, talk to the board about a payment plan. Also let then know of the legal risks for publishing your name - and you will consider legal action, if necessary.

And if you've stopped paying assessments because you're mad at the board and/or property manager for something else, understand that your legal obligation to pay assessments is different from a dispute with the association about other issues. You don't want to shoot yourself in the foot by putting your home at risk for foreclosure by the association, so pay what you owe and then address the issue in the appropriate manner - if you have to take legal action over that issue, have at it.

I have my doubts that publishing the names violates the Fair Credit Reporting Act. HOA assessments are not credit, although delinquencies can be reported to credit agencies.

Some states have laws prohibiting publication of names of non-payers as well as HOA CC&Rs, but it’s still not a good idea.

KerryL1 (California)
Posts: 14,550

Posted:

Dean wrote:
"Some states have laws prohibiting publication of names of non-payers as well as HOA CC&Rs..." Some have laws against an HIA pub. it's CC&Rs? I don't tink I undrsantd this.

DeanJ
Posts: 1,786

Posted:

Too much California wine tonight Kerry?

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By DeanJ on 03/02/2025 6:56 PM
Too much California wine tonight Kerry?

DeanJ, Your ignorance is on full display.

KerryL1 (California)
Posts: 14,550

Posted:

Nope, Dean, I'm always a terrible typist.

So----What states prohibit HOAs from pub/. their CC&Rs?

MarshallT (New York)
Posts: 414

Posted:

It doesn't sound illegal, but it's not a great way to decrease delinquencies, either.

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