Condos and HOAs - LIVING WITH RULES
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Copied from the Sun Sentinel - November 2013
It’s frustrating. And it isn’t fair. Regardless of how many owners dutifully pay their assessments, the monthly and annual association expenses remain the same... The people who already cut association checks end up paying additional assessments to cover delinquencies otherwise known as “bad debt.” An association cannot publish the names of delinquent owners. The Fair Debt Collection Practice Act prohibits shaming a person into making a payment by publicizing the debt. Also, the association can be sued for defamation (among other claims) if any information that the association publishes is not accurate—and we all know that accounting mistakes do happen in the community association world. While the association can’t legally publish a shame list, there is another avenue. If an owner makes a proper official record request to view the account receivable list, delinquency report or any other accounting record that the association maintains as part of its official records, then the association must make those accounting records available for inspection—despite the fact that such records may reveal the names of delinquent owners. Source: Condos and HOAs - LIVING WITH RULES Resource ideas: When homeowners don't pay dues, everyone is affected; find out what you can do. |
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