Q: Is an HOA allowed to announce the names of owners who have not paid their dues?
A.: I generally recommend against a “delinquent list” being published that announces the addresses or names of homeowners who are behind on their assessments. It comes down to balancing the privacy of the homeowners who may be having problems against the transparency interest of the assessment-paying homeowners.
Q: My HOA just levied a [very large] emergency assessment against each of the units. It is to repair and replace balconies, stairwells, and siding. They have cited a threat to personal safety, but these issues developed over time as the result of neglect and mismanagement by the HOA and their failure to conduct regular maintenance. While the HOA may not have seen the issue until recently, it most certainly was foreseeable.
A second, but often overlooked issue, is educating the members. All too often boards assume too much about what the members know and understand about the need for a major assessment . Boards should take extra effort to provide the members information explaining the “whys” and not just the “whats.” Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to
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