CalvinU (South Carolina)
Posts: 6
Posts: 6
Posted:
Are hoa co-owners entitled to know which owners are behind on dues and by how much? OR, are owners who are 'overdue' entitled to 'privacy' under 'Debt Protection Act' or some other law?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Privacy of Financial Information
Started by CalvinU • 7 replies • 1255 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Again, it depends.
In our HOA, since this is a corporation and all the members of the corporation are entitled to all corporate documents, including financials, homeowners can know that information.
These are corporate accounts receivables.
The members are not entitled to personal information like social security numbers or homeowner's income or other debts.
Mileage may vary in your state and/or HOA.
In our HOA, since this is a corporation and all the members of the corporation are entitled to all corporate documents, including financials, homeowners can know that information.
These are corporate accounts receivables.
The members are not entitled to personal information like social security numbers or homeowner's income or other debts.
Mileage may vary in your state and/or HOA.
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
If you release information such as who is behind on dues you do it at the peril of the association. The penalty for releasing information protected by debt collection act is far greater then that for not releasing information.
And just what do people want to do with the information on who is behind? Release of the information serves no valid purpose.
And just what do people want to do with the information on who is behind? Release of the information serves no valid purpose.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Calvin,
Use the search feature at top right of this page for debt collection or bad debts or a bunch of other keywords.
For a Quick Drive-thru Answer:
No, the members are not entitled to know who is delinquent. The are entitled to know about bad debts and if they are charged against a single unit they are entitled to know the total amount but not the unit #. The Board Must distribute this information in the financial reports and they must account for how this budget deficit is being listed.
Now if there are state laws, any restrictions or condition listed in any documents that are legal and require something else, you have to follow the law. 99% of the times this question is asked,basically the answer is "No". And as always these are observation and opinions, nothing more.
Use the search feature at top right of this page for debt collection or bad debts or a bunch of other keywords.
For a Quick Drive-thru Answer:
No, the members are not entitled to know who is delinquent. The are entitled to know about bad debts and if they are charged against a single unit they are entitled to know the total amount but not the unit #. The Board Must distribute this information in the financial reports and they must account for how this budget deficit is being listed.
Now if there are state laws, any restrictions or condition listed in any documents that are legal and require something else, you have to follow the law. 99% of the times this question is asked,basically the answer is "No". And as always these are observation and opinions, nothing more.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Most CC&R's that I've seen call for privacy between the HOA and the H/O on any enforcement action (not to mention this right is also protected under many of the individual state laws) which would include late payments. That is until a lien is filed then it becomes public knowledge, however we tell any "interested" (NOSY) H/O's if they want to know who to visit the County Recorders website. We do provide an aggregate total of delinquencies with the monthly financials without the names of specific H/O's.
Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
GlenL,
Everything was going smooth until you mentioned enforcement action.If you association has (and they should) some sort of time frame schedule that attachés fines or interest on late payments, does this change the confidentiality status? To account for any funds that the Regime receives does it have to be listed in financial directly to the HO making the payments or can it be listed as just assessments received. Let's say there are no specific references in documents. I would tend to hold the confidentiality issue the same as far as printing names.
Glen, I think you do the HO a disservice by referring to them as nosy because they have an interest in the public documents of their neighbors. There could be many reasons to want to look at a neighbors property records or court records. This year is a Property tax reassessment year. In the past, I have looked through the surrounding properties to determine if my taxes are in line with similar properties, if not, I have copied tax records and, on appeal, have made a case that my property taxes should be lowered to conform. If you are the lowest (not a good idea to appeal). Then I may want to know if some strange dude up the street is level with the law and I might search the court records for my protection. I suppose in 20 years I have done this ten times, they are public records and no one need to apologize if they look at them or copy them. Then we have the fact that the association may find some of this information helpful. Contractors come to mind, employees another, late payers another, and on.
Everything was going smooth until you mentioned enforcement action.If you association has (and they should) some sort of time frame schedule that attachés fines or interest on late payments, does this change the confidentiality status? To account for any funds that the Regime receives does it have to be listed in financial directly to the HO making the payments or can it be listed as just assessments received. Let's say there are no specific references in documents. I would tend to hold the confidentiality issue the same as far as printing names.
Glen, I think you do the HO a disservice by referring to them as nosy because they have an interest in the public documents of their neighbors. There could be many reasons to want to look at a neighbors property records or court records. This year is a Property tax reassessment year. In the past, I have looked through the surrounding properties to determine if my taxes are in line with similar properties, if not, I have copied tax records and, on appeal, have made a case that my property taxes should be lowered to conform. If you are the lowest (not a good idea to appeal). Then I may want to know if some strange dude up the street is level with the law and I might search the court records for my protection. I suppose in 20 years I have done this ten times, they are public records and no one need to apologize if they look at them or copy them. Then we have the fact that the association may find some of this information helpful. Contractors come to mind, employees another, late payers another, and on.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Robert, I'm not an attorney so the usual caveats apply but our CC&R's allow any member the right to inspect their account not the account of their neighbor. Further while Ohio condo law does give members the right to examine the COA's records there are limitations to those rights:
5311.091 (B) The unit owners association is not required to permit the examination and copying of any of the following from books, records, and minutes:
(1) Information that pertains to condominium property-related personnel matters;
(2) Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium property-related matters;
(3) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;
(4) Information that relates to the enforcement of the declaration, bylaws, or rules of the unit owners association against unit owners;
(5) Information the disclosure of which is prohibited by state or federal law.
IMHO even a late notice would constitute enforcement and therefore not be subject to review by members not party to the action. Even when a lien has been filed or a foreclosure action this would be covered by the enforcement clause and the attorney privilege clause which is why we tell H/O if they want to know to visit the County's website where that information is public record. And while you may take exception to my use of the word nosy, since I know the people making some of the requests and their motivations, I stand by it. In fact my nickname for the worst of the bunch is Mrs. Kravitz. (Bewitched)
As to the other documents you have cited they are public records and I have no problem if someone looks at them. All of the ones you named and even H/O's mortgages are available on the County's website and available free to anyone with a computer and online access. All others have to schlep to the County Seat and pay for copies.
5311.091 (B) The unit owners association is not required to permit the examination and copying of any of the following from books, records, and minutes:
(1) Information that pertains to condominium property-related personnel matters;
(2) Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium property-related matters;
(3) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;
(4) Information that relates to the enforcement of the declaration, bylaws, or rules of the unit owners association against unit owners;
(5) Information the disclosure of which is prohibited by state or federal law.
IMHO even a late notice would constitute enforcement and therefore not be subject to review by members not party to the action. Even when a lien has been filed or a foreclosure action this would be covered by the enforcement clause and the attorney privilege clause which is why we tell H/O if they want to know to visit the County's website where that information is public record. And while you may take exception to my use of the word nosy, since I know the people making some of the requests and their motivations, I stand by it. In fact my nickname for the worst of the bunch is Mrs. Kravitz. (Bewitched)
As to the other documents you have cited they are public records and I have no problem if someone looks at them. All of the ones you named and even H/O's mortgages are available on the County's website and available free to anyone with a computer and online access. All others have to schlep to the County Seat and pay for copies.
Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Glen,
Look at my last sentence first para. Doesn't this say I agree with you about confidentiality. If not, that is what I thought I said.
Look at my last sentence first para. Doesn't this say I agree with you about confidentiality. If not, that is what I thought I said.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here