The cat’s out of the bag as to names of delinquent neighbors
Q: We have been advised that two owners in our condo association have not paid their assessments. Their names and addresses were listed in the notice sent to all owners. We were advised the board has spent over $8,000 in legal fees for this year. Outstanding delinquent accounts that are not paid by the said delinquent owners, including legal fees, will be assessed to all owners by their percentage of ownership as set forth in the condominium documents. The total amount will be reflected in the 2010 monthly maintenance fees for all owners. Many owners are concerned and upset about this. I didn’t think the names of the delinquent people could be shown as I thought you had mentioned this in your column some time ago. Is it legal to post names and assess the other members?
A: While the condominium statute does not address the posting of delinquent owners’ names and addresses, it may be a violation of the Federal Credit Laws. My objection is that it can cause neighbor problems. What good does it to post the names and address of the nonpayers? They are your neighbors. You cannot stand in front of their homes and throw stones and you should not yell negative remarks.
A better way is to say “we have six units delinquent.” If another owner wants to know who the owners are, they can submit a letter to the board to inspect the records. This way, the board can control the information and avoid conflicts.