East Cobb

Previously the addresses of delinquent homeowners fees were published and brought as an agenda during association meetings. I would like this list to be on the agenda of our next meeting. The secretary informed me that she was told that, that information was privy only to the president and treasurer. Looking forward to the next meeting.

Fair Debt Collection Practices

Hi Jerry,

I'm glad you brought this issue of unpaid dues forward.

I researched this information after the conclusion of July's home owner's association meeting and found that there is prohibited behavior, pertaining to collecting outstanding debt, that us board members must abide by. Publishing names and/or address on a ''bad debt'' list/agenda is prohibited. Also, revealing or discussing the nature of debts with third parties (other than the person's spouse or attorney) is also prohibited.
This information is available for your review at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm .

It's not that VHOA is trying to keep neighbors in the dark by not disclosing this info at our meetings, etc. We are simply honoring the Fair Debt Collection Practices Act.

Thank you!

Nanci G.

Third Party/fair debt practicie

Each homeowner is a member of the association. It appears that there are no third parties involved. The association is governed by the vote of the members.

Perhaps we could be more precise in determing how the FDCPA effects VHOA.

Not A Good Practice

I consulted with a community law attorney regarding the communication of which residents are past due with paying their assoc fees, or communicating only the residents who are current. I was told that sharing personal finances of our neighbors is a bad practice. The VHOA board is accountable for providing fair practices to all residents, not just for residents in good standing. Notification has been sent to those who are past due. If they do not comply, there will be a lien placed on their property. Liens are public record. You'll be able to find the information you seek at the time of lien placement. The VHOA board declines to communicate information on who is past due, or only those who are current, based on the Fair Debt Collection Practices Act and on legal advice from a community law attorney.

Sincerely,
Nanci G.