This message was received from DPOA Member, Kevin Roth
Hi Diane,
I would like to remind everyone on the Board of the following in regards to "overdue dues", and the fact that the amount noted as "overdue" includes amounts that are "current" in 2015. They are reporting as delinquent a homeowner's entire balance, not just the overdue amount. In addition, the Board should be aware that homeowners are not receiving overdue statements or other notices as required by the FCRA (oh, that's the Fair Credit Reporting Act for your Board members):
Shame Sheets
SHAME SHEET (providing to other members the names of homeowners who are delinquent)
This information should not be publicized by the association. The association’s info may not even be accurate. Mistakes can happen and a homeowner may be the victim of a treasurer posting a payment to the wrong account or a simple oversight. There have been numerous cases where the assn said a member was delinquent when in fact they were not (such as when a sent late notice had been lost in the mail so the member wasn’t delinquent after all.)
A board might feel that they could legally disclose that information. However, it may not be advisable to do so due to possible liability issues that could arise.
Several attorneys have strongly recommended that homeowners associations not publish the names of the delinquent owners due to potential liability. This means not publishing their names in a newsletter, on the internet (even if you have a “member-only” area with secure log-in), or even in the minutes. They don’t even want you to even use the address if you can avoid it.
