HOAleader.com - Tip of the Week - March 6, 2009
Published: Fri, 03/06/09
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Delinquent Owners: Steps to Take Before Naming Names
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Unhappily, in the current economy homeowners continue to fall
behind on payments to HOAs at alarming rates.
This week's tip is about what to consider if your HOA plans to
start publicizing the names of owners who are delinquent.
First of all, some states don't allow you to do this. So you
need to find out about your state rules.
If you're in a state that permits disclosure of this information,
be careful in adopting a disclosure policy.
"If you've never disclosed delinquent owners' information in
the past, give notice," advises Penny L. Koepke, an attorney at
Ekmark & Ekmark LLC in Scottsdale, Ariz. "Tell members that
starting on this date, you'll be publishing the names of all
delinquent owners so that owners have fair warning to get
themselves off the list." Also consider the gray areas in your
policy. "If owners are delinquent but on a payment plan to the
association," asks Koepke, "will you still publish their names?"
Eric J. Gould, an attorney with Couzens, Lansky, Fealk, Ellis,
Roeder & Lazar P.C. in Farmington Hills, Mich., agrees. "If a
board feels this is the way it wants to go, it should bring the
issue up as new business at a board meeting and have a
discussion over at least two meetings," he explains.
"Communicate the proposed policy to the association and give
members an opportunity to voice their opinion. If you don't get
feedback, you're in a better position to say it was studied,
announced, and there was little or no feedback."
Finally, before you decide to publicly announce the names of
owners behind on their payments, read our just-posted article.
There are many ways you can go wrong if you go down this path.
You can read the article here:
http://www.hoaleader.com/members/240.cfm
Best regards,
Matt Humphrey
President
P.S. For a limited time, members (and trial members) can
download our exclusive special report, "HOA Finances: Best
Practices for Getting Your Homeowners Association through
Difficult Economic Times"
http://www.hoaleader.com/members/179.cfm
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Recent articles posted at HOAleader.com:
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Publishing Delinquent Owners' Names: Shame on You?
If you embarrass association deadbeats by publicly disclosing
their delinquencies, they'll come to you with their tail between
their legs and a check to cover all their overdue amounts. At
least, that's the thinking of some board members.
Click here to read full article:
< http://www.hoaleader.com/members/240.cfm >
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Best Practices for Working with Any Contractor
Cash is king today, and one false move with any contracting job
could result in huge financial losses to your association. That's
why it's important to create procedures that you'll use to
protect your association when working with any contractor, from
masons to roofers to general contractors and beyond. Here are six
tips for achieving that goal.
Click here to read full article:
< http://www.hoaleader.com/members/235.cfm >
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Mold: When Is It Your HOA's Problem?
A growing number of owners are complaining about mold and
moisture in their properties, and they sometimes insist that
their homeowners association pony up the money to fix the problem.
When is mold a problem the association needs to address, and
when should owners foot their own repair bills?
Click here to read full article:
< http://www.hoaleader.com/members/232.cfm >
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Prepare Your Homeowners Association for an Emergency
Flooding in the Pacific Northwest. An ice storm in the Northeast.
Hurricane Katrina in the Gulf. Nobody expects disasters to hit
their area, but it's plain that catastrophes can hit anywhere and
everywhere. Here's how to help residents in your HOA prepare for
the worst.
Click here to read full article:
< http://www.hoaleader.com/members/231.cfm >
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HOA Rules on Renovations: How to Make Construction Less Stressful
Without clear rules, a growth in owner renovation projects could
become a serious source of tension at your homeowners association.
Before that happens, do your own renovation of your association'
s rules to be sure they spell out what can and can't be done when
owners work on their property. Here's a guide to rules your
community should enact--and enforce--to keep peace during
renovations.
Click here to read full article:
< http://www.hoaleader.com/members/229.cfm >
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