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RichardC10 (Tennessee)
Posts: 4
Posted:
I'M A NEW PRESIDENT OF AN HOA AND WONDERED IF, WHEN WE PLACE A LIEN AGAINST A HOMEOWNER, IF THAT INFO MAKES IT TO HIS/HER CREDIT REPORT? IF NOT, IS ANYONE AWARE OF A WAY TO MAKE SURE IT DOES ? SOUNDS MEAN, BUT WE HAVE SOME REAL DEADBEATS IN OUR SUBDIVISION.
SheliaH (Indiana)
Posts: 6,964
Posted:
Personally, I don't think it's mean - if you're constatntly late paying bills, it should get on a credit report. In my view (I'm treasurer of my HOA), if the homeowner has the dough to pay for satellite TV, new cars, etc., he or she should be able to pay the asessment. And if someone extends credit to anyone whose report is full of repos, lawsuits, garnishments and all that, well, good luck getting their money.

I would think the lien might make it to a report because that's filed with a recorder's office (in this state anyway), but if your HOA has a property management company, you may want to ask them.

I think a business has to report to a credit reporting agency so it can be added on a credit report, but many business report to different ones, so a report to credit bureau #1 may not make it to credit bureau #2. From reviewing my own credit report from the big 3 (Transunion, Experian and I forget the name of the third), I haven't seen any huge differences between the content.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardC10 (Tennessee)
Posts: 4
Posted:
Nope, no property mgmt company, just us chickens running the show here .....
JimP8 (Missouri)
Posts: 5
Posted:
Shelia,
You are absolutely right. The HOA has bills to pay so having a negative revenue stream to budget can be a real problem. We have resorted to actually taking them to court and getting garnishments.
JimP8 (Missouri)
Posts: 5
Posted:
Shelia,
You are absolutely right. The HOA has bills to pay so having a negative revenue stream to budget can be a real problem. We have resorted to actually taking them to court and getting garnishments.
JohnO6 (Georgia)
Posts: 424
Posted:
RichardC -

This topic was the subject of a thread about 7-10 days ago. I participated in that discussion and here's what I said at the time:

"Your post & question got me to thinking about this issue. I know that in order to report to credit bureaus, you must be a business member of the bureau, but I began to wonder if there might be another way to accomplish the same thing. It struck me that collection agencies often report to credit bureaus, but I'm not so sure they're traditionally appropriate for HOAs.

So I did a little searching and came across this web-based service. In order to abide by posting rules here, I'll not disclose the company name and have disguised the website URL by using a tinyurl code instead.

Just go here: http://tinyurl.com/mtchc5

BTW, I have absolutely no connection to this company and cannot vouch for it's claims of effectiveness. But watching the video on their website give a pretty good idea of the service available.

Seems pretty reasonable to me - both the approach and the costs."

Still seems relevant - I would suggest navigating to the url I posted and judge for yourself.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Quote:
Posted By RichardC10 on 06/09/2009 8:08 AM
I'M A NEW PRESIDENT OF AN HOA AND WONDERED IF, WHEN WE PLACE A LIEN AGAINST A HOMEOWNER, IF THAT INFO MAKES IT TO HIS/HER CREDIT REPORT? IF NOT, IS ANYONE AWARE OF A WAY TO MAKE SURE IT DOES ? SOUNDS MEAN, BUT WE HAVE SOME REAL DEADBEATS IN OUR SUBDIVISION.

Sounds mean? Nah. IS mean. If things were reversed, would you want somebody screwing with your CR just to get their rocks off?

But beyond that, if I was trying to collect money from someone, last thing I'd do would try to knock down their CR, because that would narrow the potential for him to come up with funds.

If you ask me.
JohnO6 (Georgia)
Posts: 424
Posted:
JohnK -

Gotta disagree with you on this! The existence of credit reporting agencies and their reports is a fact of life. They exist because merchants and other businesses need tools to make better decisions on extending credit.

This isn't a question of "mean" at all! The delinquent homeowner has made the choice to not pay a lawful debt and is obligated to live the consequences of that decision .. .. .. including adverse effects on his/her ability to garner credit in the future.

While I'm sympathetic to economic hardship(s), the delinquent owner must take self responsibility to remedy the situation.
MaryA1 (Arizona)
Posts: 7,043
Posted:
IMO, there is no reason NOT to report the delinquent h/o to the cr. bureau agencies. Afterall, every other creditor does the same thing!
JohnK3 (Pennsylvania)
Posts: 967
Posted:
JohnO,

I fail to see any reasonable nexus between what the OP is charged with doing and what he is evidently set on doing.

As a member of our HOA BOD, I, and my fellow BODers, have various duties we are supposed to achieve as outlined in our docs. Included are collecting dues, exacting fines if not paid in a timely basis, and handing off the matter to an attorney after 180 days. We are also (by implication) responsible for maintaining peace, prosperity and good will throughout the neighborhood as best we can.

We have a rule that folks should pick up after their dogs. If, after appropriate warnings, we can fine them.

So let's say I run into a repeat offender walking Fido and notice Fido doesn't have a current $6 annual registration tag. Reminding RO of the rules is part of my gig. Calling the township to report the lack of a tag is not.

See the difference?

Duty vs. gratuitous misanthropy.

If you ask me.
JohnO6 (Georgia)
Posts: 424
Posted:
JohnK -

The duty of the BOD is to collect the assessments. Whatever is the most effective, legal way to accomplish that is actually their fiduciary responsibility to the members of the HOA.

Apparently the OP's methodology thusfar has not included using a service that would result in adverse effects on the credit report of the owner. If using alternative methods that do involve credit agency reporting are also more effective in actually getting the assessments paid, then I believe they are duty bound to both evaluate and take such action. Simply filing liens on property has no immediate impact - it only comes into play when either there is attempted property transfer, or can serve as the basis for a lawsuit in an attempt for the HOA to collect it's debts.

While it is true the OP's original post appeared to have a certain degree of "vengance" associated with it, in fact the focus should be on results - not methods.

If those methods are more effective, they should be employed.
JudyM5 (Ohio)
Posts: 36
Posted:
Richard - When a lien is recorded with the county where the condo/house is located, the lien becomes a public record. Credit reports do contain infomation about liens, judgments, etc. Also, if trying to refinance a mortgage, liens are found and have a profound impact on a person's ability to obtain a loan.
MicheleD (Kentucky)
Posts: 4,491
Posted:
And yet if I saw an unlicensed dog (with my x-ray and super vision), I would, in fact, report it to the appropriate enforcement agency.

Just as I would report zoning violations that may or even may not also be violations of our covenants.

That's what they do. They enforce those types of things. That way we don't have to.

It's not my job to make sure the homeowner is "warned" or "cautioned" or whatever about his or her unlicensed pet.

But I'll be darned if I want such an animal in my neighborhood, for a variety of reasons.

Our Metro government makes it so easy to report such things we only have to dial three numbers: 3-1-1.

Drop a dime. I consider that dime an investment in maintaining the value of my home, which can use all the help in the world in these times.

JohnK3 (Pennsylvania)
Posts: 967
Posted:
Int. The Jeopardy Studio - Day

ALEX
Michele has a slight lead, but John
and Richard are within striking distance.
The Final Jeopardy category is Word
Origins. We'll be right back.

The FIVE MINUTE COMMERCIAL BREAK consists entirely of spots for various prescription drugs directed to a 60+ demographic. Then...

ALEX (cont.)
Based on our contestants previous responses,
I think high wagers will determine today's
champion. The answer is - This 13 letter German
word refers to someone who takes joy in the
suffering of others. You have thirty seconds.

The FINAL JEOPARDY TUNE begins and all three panel members quickly write their responses.
JudyM5 (Ohio)
Posts: 36
Posted:
Richard -

During my 9 years on BOD, we were told repeatedly by the PMC that we could not report delinquencies to a credit bureau. After becoming a PM 7 years ago, I decided to see if that was an accurate statement. So, I contacted Experian directly and asked . . . several times and in phrased as many different ways as I could think of to see if I got a different answer. The simple answer is "No". A COA or a HOA cannot report delinquencies to a credit bureau! Doesn't seem fair, does it? However, an apartment complex can report delinquencies to a credit bureau. In fact, the PMC that I work for also manages apartment complexes and are registered members of Experian. Thinking I could "sneak" some reports in that way, I was again told that Experian would "catch" COA and HOA reports and would not post them. The only way that a COA or a HOA can get their delinquencies reported to the credit bureaus is to hire a collection agency. The collection agency can then report the Association's delinquencies. Experian explained that the credit bureaus "rational" (or lack thereof) revolves around the shared ownership (or responsibility) of the Association fees.

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