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

UPDATED: May 21, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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