Publishing Delinquent Condo Owners Information in the Condo Newsletter!

amc_image

S.E. from outside of Connecticut writes:

Dear Mister Condo,

Have you ever written on the topic of Boards wanting to publicize the names and addresses of delinquent homeowners in their newsletter and if so where in your archives might I find your comments?

Mister Condo replies:

S.E., I have not written about Boards publicizing the names and addresses of delinquent homeowners in their newsletter or anywhere for that matter because that would be an improper practice! Condos and HOAs and their collection agents are subject to the rules and regulation set out in the Fair Debt Collection Practices Act (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text) which would likely prohibit such actions. Further, if a unit owner who was “outed” by such practices decided to sue the association, they would very likely win which would cost the association much more than the unpaid assessments. I would strongly encourage your Board to speak with their own association attorney before undertaking such a practice. Depending on which state the association resides, there may also be state and local laws against the practice. Needless to say, there are better, more effective, and perfectly legal methods of collecting delinquencies from unit owners. Good luck!

2 thoughts on “Publishing Delinquent Condo Owners Information in the Condo Newsletter!

  1. The association itself is NOT subject to the FDCPA — its collection agent is. While this is not a neighborly practice, shaming a neighbor into paying is permitted in most states I know of. Yes, the target could use, especially if there is any incorrect info in the publication.

Leave a Reply

Your email address will not be published. Required fields are marked *