QUESTION
Is it legal to disclose names of people arrears of Homeowner’s Association dues within a condominium to the entire complex?
Asked on Aug 23rd, 2012 on Landlord and Tenant Law - New Jersey
More details to this question:
I reside in a gated community of privately owned homes in which the owners collectively own the common grounds. The Homeowners Association manages dues, paid by homeowners, for services including grass cutting, snow removal, maintenance of the clubhouse and pool. The Homeowner’s Association has decided to disclose the names, address, and specific debts owed to the Homeowner’s Association publicly. This disclosure occurs in the form of a newsletter both print and electronic in addition to discussion at community meetings. Is it legal?
7 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 22nd, 2013 at 5:47 AM
Yes, it is legal. Your property ownership is already a matter of public record. If you were sued by the homeowners' association, the lawsuit would be a matter of public record, too. If you're that worried about it, pay your dues.
Answered on Sep 04th, 2012 at 2:12 PM
Since the HOA has the right to record a lien for the services rendered it is unlikely that there is any privacy to information unless your CC&R's or Bylaws so provide. You should consult a real estate attorney to review all of the relevant facts and documents.
Answered on Sep 03rd, 2012 at 11:50 PM
Dennis P. Mikko
If there is a legitimate debt, they could publish it.
Answered on Aug 31st, 2012 at 11:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review the master deed and/or the documents of the Homeowner's Association but, generally yes, they can publish the truth.
Answered on Aug 30th, 2012 at 11:10 PM
4 Awards
This could be said to constitute libel - if it damages peoples' reputations.
Answered on Aug 30th, 2012 at 10:15 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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The Board has a fiduciary duty to everyone and should not publicize or discuss names in public.
Answered on Aug 30th, 2012 at 12:31 PM