Answer to Publishing Delinquent Names

It seems that monthly we get the question of "can the association publish the names of owners who are delinquent in the association dues". Todays Home Page "ELECTED OFFICIALS GET AN EARFUL" has an article on the subject but I copied just the sentence or two that stands out.

At least 15 of the attendees said their home owner associations distribute a list of homeowners who are delinquent in their dues at the monthly meetings. But panelist Chandra Parker Doucette, a real estate and investment law attorney, said that was a clear violation of the law.

"You absolutely have the right to know that of the unit owners, 20 of them are not paying their dues," Parker Doucette said. "What you don't have the right to know is who they are."

Unless the association files a lien against the homeowner, publicizing their names is illegal, she added. Several members expressed frustrations over being denied information from their associations, under the guise that the information requested is "under litigation."

Donna, I too, read that article this morning. I certainly didn't know it was illegal. But there is one sentence that may be confusing. You printed it above: "Unless the association files a lien against the homeowner, publicizing their names is illegal, she added." I certainly hope that doesn't gives the people the impression that as soon as a lien is filed, they SHOULD publish the names. At that point it becomes public record and anyone can get the information. Yet I still wouldn't publish the people's names.

We had this conversation with two of our attorneys. They both advised us not to post the name or unit number. But that we could refer to Court Case #..... We haven't done that, either, though.

I say it can be done, here in Florida as long as it is in your BY-Laws wj hich must be passed by your community, in our community by 75% it can happen, also the Board can take away their common ground privilages such as Pool,Club House,Exercise.

Donna - I'm curious if you agree with the attorney's statement. I thought we have the right to request any association records (with a few obvious exceptions like employee medical files, etc.)
I am not suggesting that delinquent members names be published routinely. But, where does she find the basis for it being "illegal" for the members to have this information ?

Carol,
Being that I am not a lawyer or have acute knowledge of the law, I have to go by what is the legal opinion on this. I personally do not believe that the general membership should have the names of delinquent members until the Board makes a move to either lein or foreclose. Then the names are filed as public records and can be open for inspection. Prior to that, the discussion between the Board and the delinquent members are open to possible litigation and if you read the Statutes, "pending litigation" is closed to the membership. IMHO

Brian B,

Our community is now $87,000 in rear payments and this quarter it will go over $100,000.Most of these home owners are affluent, drive Bentley's, Jaguars,and Mercedes, Lincoln SUV's etc but continue to ignore their quarterly maintenance payments and any assesments.
In other communities where names are posted and the amounts owed it has helped. Prior to a posting in the club house or in our quarterly HOA magazine home owners call the Property manager informing them they will be up to pay their past due monies, please don't post they are in the rears.

If nothing is done, we are slowly becoming a WELFARE COMMUNITY. I struggle to make all my payments and on time and drive a Nissan Altima, others just say the hell with it and i'm not paying. However they still enjoy all the amenities of the community. clubhouse,pool,exercise center, club house activities etc while paying nothing while the rest of the home owner's abide by our By-Laws,Rules & Regulations and our DOC's even if some are struggling.

Gosh wouldn't it be nice if we all just stopped paying our federal & state taxes every year and told the goverment the hell with you and paying, where do you think our country would be then (a third world country). Have YOU ever heard "turn your cheek 77 times 7"?? I believe we have and it is now over 77 times - here comes the welfare communities where the minority attempts to pay for the majority and eventually we all drown in debt and good bye community.

Robert, not sure why you are directing your vitriol to me, but...

I would say that if your HOA is $100,000 in arrears, then your BOD is not doing their job, period. I certainly hope you vote against them in every election you can, and try to get someone in power who will do the job they are morally and legally obligated to do (either yourself, or someone in whom you believe). I believe that a large percentage of non payment problems exist simply because boards/officers are too lazy to do their jobs right. It isn't easy to collect, to be the bad guy, to take a hard stand, but when you shirk away from doing something because it's hard, that is a key component of being lazy.

Your board is failing your HOA, and your HOA is failing themselves by letting your board be lazy.

RobertB,

I too wonder how the heck your Board let this get so far out of control. Bentleys, Jags and Mercedes or not. Dues are dues and if that means that a member does not get his new spiffy car each year, then so be it. THEY'RE PROBABLY ALL LEASED ANYHOW. Why have not collections gone out after these delinquencies?

Non payment of dues is covered under the State Statutes with allowances for the HOA to withhold use of amenities. Why have they not be enforced against? You guys need to stop using the calculator, adding up the non payments and get an attorney to write and warn against the non payments. This is intollerable to get this far behind in collections. Sorry to get snarky with this but this is not unacceptable.

Could somebody enlighten me as to any purpose for publishing the names of delinquent Members...aside from embarrassing the Members and satisfying local busy-bodies?

The number of those in arrears and the amount each owes? Fine. Fair. Reasonable.

D#1 = $300. D#2 = $126. D#3 = $424. Total Amounts Overdue = 850.

Enough info that, eh?

Michele,

I'm asking about "purpose" - not process. Does the "Who's a Deadbeat" part accomplish anything necessary for your Membership or the BOD?

To Everyone,
I have looked at a couple of State Laws and find that there are laws pertaining to posting of names for monies owed prior to collection. So I would check your individual State laws on this before you broadcast names. Embarasement to an individual can be liablous in some cases. Dead beats, well we should be able to hang them in our public squares but there are also the folks who get in such a bind thru no fault of their own and are trying to work things out so why add to their problems.

donna, would you share your sources/the state statutes you reviewed for us? I would like to know which states say what, as a lesson/learning. Always looking to update my reference material.

Michele,

IMO, the BOD can still maintain transparency of their actions w/o publishing the names of the delinquent owners. All they have to do is state how many CCR violations and the $ amount of delinquencies during the period. The names of the errant h/o's is just frosting on the cake and not necessary, IMO.

There is an excellent article on this issue at:

http://davis-stirling.com/newsletters/2008/44_publish.htm

Pay close attention to the procedures and warnings, especially about consulting with your own attorney before deciding to proceed with publishing the names.

IMO, the major problems are with the timing, (person may have paid up by the time the published list actually comes out) and with the fact that you pretty much burn any bridges with the person, by embarassing them, at what may be the lowest point in their life. Not enough positives for me.

Joe