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Public record for HOA

Started by KurtE1 • 10 replies • 2050 views

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KurtE1 (Florida)
Posts: 2
Posted:
I live in an HOA with 86 homes and I find out that some of the residents are way behind on the HOA dues. I am told by board members they cannot release the names of those delinquent residents. The problem I have is that if they do not pay then everyone else has to pick up the losses by paying more for their dues. Do I have the right to have them turn over or post the names of the delinquent owners? And if the amswer is yes or no where do I find the law that pertains to this subject. My thoughts are that it is or should be public record unless litigation is involved just like the government. Thanks, Kurt
PatR (Florida)
Posts: 139
Posted:
I feel your pain! Here is some info....From FL.

Full report can be found here:www.ccfj.net/HSCFINALREPORT.html

Professional Regulation (DBPR) regulates condominium and cooperative associations. In 2007, DBPR received 2,482 complaints about condominiums and cooperatives.9

Significant Association Problems

While there were a wide variety of problems that these citizens discussed with the committee, the following problems were the most prevalent and problematic:

Access to Records.

Complaints regarding member access to association records were the most prevalent complaint heard by the committee. Current law provides that any member of an association has the right to inspect the association records at reasonable times.10 In practice, it appears that some associations fail to comply with that law.11 Danille Carroll, the current Condominium Ombudsman12, testified that the biggest complaint she hears about is regarding access to records.13 DBPR received 120 alleged violations in regard to access of records between October 1, 2007 and December 31, 2007, which constituted 19.83% of all alleged violations received during that time.14 The Select Committee heard from a number of unit and parcel owners who testified about the difficulty they had in obtaining records from their board of directors. In regard to the access to records issue, the Committee decided to investigate the difficulties that associations have in obtaining records firsthand. The Committee endeavored to obtain association records on its own to see how hard it is to obtain such records and to look into conduct regarding a financial review.

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10 Official records of the association are open to inspection at all reasonable times and must be made available to a unit owner within 5 working days, if it is a condominium association, or a parcel owner within 10 working days, if it is a homeowners' association, after receipt of a written request made by the unit or parcel owner to the board. See Section 718.111(12), F.S.; Section 720.303(5), F.S. 11 Failure of an association to provide records within 10 working days after receipt of a written request to do so creates a rebuttable presumption that the association willfully failed to comply. A unit or parcel owner is entitled to actual damages or minimum damages up to $500 when this occurs. See Section 718.111(12)(c), F.S; Section 720.303(5) (a), (b), F.S. 12 The Office of the Condominium Ombudsman's was created in part to be a resource to condominium associations and members and to act as a liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. See Section 718.5012, F.S.; See http://www.myflorida.com/condos/. 13 Select Committee on Condominiums & Homeowners Association Governance, Meeting at Florida Real Estate Commission, Orlando, Florida (February 16, 2008). 14 The quarter is from October 2007- December 2007.

BradP (Kansas)
Posts: 2,640
Posted:
Kurt:

as a stakeholder in your HOA I think you have the right to view a list, however, your HOA should not publish
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Kurt,

Other than to satisfy your curiosity, what are you going to do once you learn the names?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Kurt,

Frankly I believe you should be more concerned about why the board has allowed this to happen rather than to know who the delinquent members are. What is the board's collection policy for delinquencies? Do they even have one? If not, why not? If they do have one, are they enforcing it? If not, why not? IMO, this should be the questions you're asking.
PatR (Florida)
Posts: 139
Posted:
As a BOD Treasurer in the same boat, we did not ALLOW this to happen....People are not paying, not their dues, not the late fees, not the fines, liens or their mortages. They are closing the doors and walking away. Those of us left behind need to make tough decisions, all impacting those that are paying and trying to be good neighbors.

Please see these three reports....
http://www.usatoday.com/money/economy/housing/2008-05-26-condo-fee_N.htm

http://www.dailynews.com/search/ci_9373275?IADID=Search-www.dailynews.com-www.dailynews.com

And this one....
SARASOTA COUNTY - Some homeowners who have stopped paying their mortgage have also stopped paying another important fee. And this one could cost their neighbors money.

There are hundreds of community associations along the Suncoast; They pay for items like upkeep by assessing dues. But residents who lose their homes also stop paying their homeowners association dues. And their neighbors are having to make up the difference.

In his 10 years at The Meadows, Community Manager Len Smally says he's never seen so many homeowners fail to pay their dues on time. "It's increased over the last couple of years from basically none, to a few to quite a few this year." And despite plenty of warnings, between 40 and 50 residents there still need to write checks, or they could face legal action. "We try to give them plenty of notice. We mail out letters in advance of the assessment, we mail out the assessment notice, we then mail out late notices, then we eventually turn it over the lawyers."

Attorney David Muller and his firm represent 400 community associations on the Suncoast, and thousands across the state. "These associations have to pay the lawn bill, they have to pay their managers, they have to pay for certain maintenance costs." But associations are losing income as they lose homeowners, forcing them to raise assessments. A recent survey by Muller's firm found that two-thirds of the respondents are now paying higher association fees. "We're seeing it on all different properties from the affordable housing, all the way to the high end waterfront clientele. Across the board we are seeing the problem, it's not just segmented to one particular area."

In the Meadows, Smally says the money outstanding is less than 2% of the operating budget, so there is no danger of raising fees yet. But dealing with such a tight budget, every disappearing dollar affects the bottom line. "As a not for profit organization, we budget to spend everything that we take in, and it will have an effect if we don't get what we think we're going to get."

Muller says many of these associations will have an open hearing a few weeks before to discuss any possible fee changes with the owners. But he says you should always make sure you read the by-laws before you join an association to understand all the rules and regulations.

IreneC (North Carolina)
Posts: 111
Posted:
You can only do so much to motivate payment. First and foremost to secure a lein on the property.. so if and when it does go to foreclose you may be able to recoup some if not all of the missing funds.

Also, I had a clause in my first Mortgage agreement that if I did not meet my hoa dues that they could forclose on my home! As crazy as that sounds it was there clear as day with the thought that if I couldn't make my hoa dues then I was a financial risk and foreclosure would start! I since refi'd and have never seen that claus again... but I am sure I am not the only person who has had this!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Irene,

I've never heard of that one b/4. But I did hear of a case where the h/o lost a lawsuit with the HOA and the 2nd mortgage was called in. Then there's the PUD rider which says the mortgage co will pay the delinquent assessments; however, I've been told this only applies after foreclosure.
EllenS1 (Florida)
Posts: 1,148
Posted:
I'm puzzled. Our hoa can raise dues once a year up to 5% except for landscaping. Without a special assessment how can your association raise your dues because they have a lot of deliquent payers?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By EllenS1 on 05/29/2008 7:31 PM
I'm puzzled. Our hoa can raise dues once a year up to 5% except for landscaping. Without a special assessment how can your association raise your dues because they have a lot of deliquent payers?

Ellen,

They can't! At least not for more than 5% unless there is a state law overriding that amount. In AZ the state law says up to 20% unless the gov. docs state a lesser amount. If the assn wants to raise the assessments higher than 20% they would need a majority vote of the homeowners. Even a special assessment cannot raise the dues for each succeeding year. A special assessment can only result in a certain amount of money coming into the treasury one time. So if the problem is recurring and a 5% increase won't cover it the assn could be faced with a special assessment each time the problem arises.

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