Can a homeowners/townhome owner’s association notify all other neighbors of my delinquent status on my association fees?

Is it legal for my homeowner’s association to mention in their meeting that my family is delinquent on paying association fees and that we have been sent to a collection agency? Does this fall under a Fair Debt Collection Act or other form of consumer protection?

Asked on May 21, 2012 under General Practice, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most likely your HOA is entitled under the recorded covenants, conditions & restrictions as well as its rules and regulations to inform all other members of the association as to your delinquent status of paying your association dues if such is true.

The reason is that when one owner subject to such dues becomes delinquent, it places a burden on the other members of the HOA to come up with any possible shortfall for the association's operating expenses.

The notification does not constitute a violation of the Fair Debt Collection Act or any other form of consumer protection with respect to you and the non-payment of association dues.


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