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WalterM (Michigan)
Posts: 4
Posted:
I am the member of a condo association and treasurer of the board of directors. I have worked very hard to get the budget into the place it should have been (there had never been a reserve study over the last 30 years and there was only a couple of thousand in the bank due to mismanagement).

In anycase, my wife and I had some finacial hardships a couple of months ago and were late in paying our dues. However, I have since paid them and the appropriate late fines. Since then, I have had a couple of conversations with other co-owners who knew about my lateness and asked me about them. These people were not board members.

My question is on two levels, what kind of liability have those who discussed this with other co-owners opened the association to and what kind of recourse do I have? I do not feel that I forfitted my right to descretion when I was elected and there are some serious embarrasement issues here.

Thanks!
BrianB (California)
Posts: 2,820
Posted:
you raise an excellent question, one i have been wondering about for a while.

Financial records of the HOA are open to inspection by all owners. this would include (potentially) people who are late in paying fees). Some states may prohibit this disclosure, others may allow it as part of the business records.

So, if someone viewed the financials, they could see who was paying their fair share, and who wasn't. However, for a board member to simply say "You know, John hasn't paid this month" would be unethical, unless it were in context of a report out of ALL members behind in their dues, as part of a normal report, update, etc..

MichelleD (Washington)
Posts: 20
Posted:
Walter - I agree with Brian. I have literrally had people come up to me to see the A/R listing at annual meetings and I can't refuse because all financials and reports are available to homeowners. Plus those are pissed about others not paying on-time and most of the time they don't care or want to know why (sorry).

However, I also know I am in violation of gossip and have said to other neighbors, "oh yeah, that house hasn't paid their dues in 4 years!" It's not right, it's clearly wrong. Thanks for reminding me of your perspective. Sorry you were embarrassed by it! Plus, I can't believe people would come up and ask you about it. This is when I believe it's none of their business!! You cleared it up and paid your late fees - good for you!

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