HOA Blog : HOA Finances

Can We Publish A Deadbeat List
August 11, 2009By Kelly G. Richardson

Dear Mr. Richardson:
My friend says his association in Oregon posts names of members who are delinquent 60 or more days in their dues. Can we do this in California and do you find it to be effective?
 
Thank you very much.
J.J., Irvine
 
Dear J.J.:
Frustration against delinquent members often leads to creative approaches in order to apply pressure for the member to catch up on their assessments. However, it is a bad idea to try to put pressure on delinquent members by publicizing the fact of their delinquent status.

Most homeowner association lawyers agree that even though the vote to record a lien must be in open session, the Board should refer simply to the assessor parcel number, or the Lot number, when voting to record a lien. The vote to foreclose on the lien must be in closed session.

There are a number of very good reasons why not to publish the names of delinquent members. First, humiliating the member is not as effective as a strong and consistent collections effort. Second, the embar-rasssment would be expected to destroy relationships and enhance conflict in the community. Third, the member might sue for invasion of their privacy or intentional infliction of distress - and the Board would have to admit the whole reason it published the delinquent list was to put pressure or stress on the certain homeowner.

Best,
Kelly

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