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BuckD (Georgia)
Posts: 1
Posted:
we are getting ready for an election. i have asked for a copy of who is in good standings and who is not, in order to do a write in candidate. i was told; i could not get that information! HOA is a community formed organization. do i not have the right to view all records of the HOA? I am in good standing.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you want to do a write in candidate thing, you don't need to know who the delinquent owners are because I would think your association rules would prohibit them from voting anyway.

Our association has never published a list of delinquent owners because if we're wrong about who owes what, even by a hair, we'd risk being sued. Besides, suppose YOU wind up on that list - do you want everyone to know your personal business?

The most you need to know is how many people are delinquent, how much money is at stake and what the board of directors is doing to collect the debts.

If you're the candidate, just go door to door, write up some flyers or something and tell people about yourself and what you can do for the organization, and encourage people to get involved in THEIR association by voting anyhow. The folks who aren't eligible because of delinquent dues will either pay up to vote or not. Who knows - if you get in and things begin to improve, maybe THAT will persuade them to pay (a lawsuit or lien may also have the same effect.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SusanW1 (Michigan)
Posts: 5,202
Posted:
If you want to write in someone's name, for goodness sakeg ASK them if they will accept that "honor" and make sure they are eligible by going over their willingness and qualifications BEFORE.

"Write-in" does not mean "surprise" - especially for the person whose name is written down.

A write-in campaign is an organized strategy to put in place people who are not on the ballot or are not nominated from the floor.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Buck,

Many HOAs and also some states regard that as confidential information, so you may not have a right to know. As a member you do have a right to view and/or copy the assn's records, but only those records that do NOT contain confidential info. However, as others have said, why do you even need that info? If the candidate you wish to place on the ballot as a 'write-in' is willing to run for the board that's all you need to know. I hope you've mustered other supporters for this person so yours won't be his only vote! Next to nominations from the floor, write-in candidates oftentimes don't have much of a chance of being elected.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Buck,
Mary's right here. In Florida you would not be able to obtain that information until the HOA released it for publication. Members who get delinquent and are not in good standing are usually ready to be turned over or have been, to leining or possible foreclosure. That involves possibly an association attorney, which then becomes private information of the association. The membership should not be privy to personal information of other members until that information is made public.
JaniceM1 (Georgia)
Posts: 27
Posted:
Buck-

I am from Georgia, associations can go as far as to print delinquent owners in their Association Newspaper. I have seen house addresses printed and some go as far as printing names. We do not practice this in our community, all it takes is one misprint and someone will try to sue for damages.
If you are a member of the BOD in your community, you are entitled to have access to this information. If you are a resident on the election committee or nomination committee you should have access to this as well because you are acting on behalf of the association.
Our residents and Voting Members (we have such a large neighborhood we have VMs to represent each section in the community) are not priviledged to personal information.
The way we go about "write in" candidates: First, It is clearly stated that you must be in good standings to hold a position. Once the elections are held and before officers are announced that's when we check. We have not have any problems with someone getting on the BOD who has not paid, yet.
If you do have this happen, they can be replaced by the BOD.
Most By Laws state the BOD can appoint a vacant position.
We have had a VM (Voting Member) pay her assessment after she was re-elected. It was shortly after the dead line and no meetings took place. If she had not paid, the BOD would have replaced her with the alternate.
Hope this helps.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

I am from Georgia, associations can go as far as to print delinquent owners in their Association Newspaper. I have seen house addresses printed and some go as far as printing names. We do not practice this in our community, all it takes is one misprint and someone will try to sue for damages.

Towns/Cities regularly list people who owe taxes or back taxes. I don't see the difference.

It actually helps the owner if they are published. If they see their name and they know its wrong, they can contact you right away. If they don't see their name, they know your recording your check properly.

We make all of our dues public record.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Steve,

As I said earlies, it really depends upon state law. AZ has an HOA open meeting law which regards this as confidential info.

You said: "Towns/Cities" regularly list people who owe taxes or back taxes"? Do you mean before a lien has been recorded? If so, I'm surprised. When is this info listed? We get a monthly bulletin from our City (included in the water bill) and I've never seen this info given out.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
- You said: "Towns/Cities" regularly list people who owe taxes or back taxes"? Do you mean before a lien has been recorded?

I dont know.

- When is this info listed?

Town annual report. Every town I've ever lived in lists people/address in the back of the annual report.

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