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  1. #1

    Default Can An HOA Publish A List Of Owners That Owe Money?

    We are in the state of Georgia.

    I recently joined the board of our homeowner's association and am quite disturbed by the amount of neighbors that have not paid their dues. I was informed by our board president that we cannot release the names of debtors to our community, but I'm not so sure.

    I believe debt collection fair practices apply to financial institutions, etc... and prohibit release of that information to strangers.

    As a homeowner's association, all of our homeowners are members together and have voting rights (if they are paid up). As members of the HOA to which dues are owed, don't all the homeowners have the right to know who owes how much to the HOA?

    I'm not looking to post a list in a public place, but to mail a list of delinquent homeowners to the HOA members. Can I do it legally?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,937

    Default Re: Can An HOA Publish A List Of Owners That Owe Money?

    The Fair Debt Collection Practices Act applies to debt collectors, not private individuals or businesses who are in something other than the debt collection business.

    That said, your board president may be referring to rules specific to your HOA. Check those before proceeding, and be aware that telling everyone else in the association who owes what may backfire.

    Hope you've got asbestos underwear, as people don't like having what they consider their personal business publicized.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Can An HOA Publish A List Of Owners That Owe Money?

    If someone has the money to live in a community with HOA dues then they have the money to pay their HOA fees. It would surprise you, and likely did, regarding the deadbeats that have 6-figure jobs and $500k homes.

    Know your HOA rules by heart!

    Many of the homeowners will happily funnel their HOA fees to a lawyer and cause you nightmares.

    Don't publish names or addresses, (and don't do it in alphabetical or address numberical order), but list the monies owed to the HOA and note that the complaints about landscaping and trash removal could be addressed if people paid their HOA fees. If it's a condo note that a lack of fees could prevent payment of the condo insurance and that would result in a lack of casualty coverage in the case of a covered disaster.

    You were elected president because either 1) People liked you or 2) You were dumb enough to be the only person that accepted the job! If you want to stay popular, send notices to the people who are behind.

    Don't do anything on your own. Get the board of the HOA on-board with anything you do!

    LMAO! Asbestos underwear. Since this is a legal board I suggest having Nomex underwear as asbestos underwear could cause cancer for the people chewing your ass.

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