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Can an HOA talk to others about delinquent dues?

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Sinsaint

Member
What is the name of your state (only U.S. law)? PA

I live in a community with an HOA. When I purchased my land my attorney contacted the HOA and I was told the dues were current. Once I bought the land I was sent a bill for the three years previous. I paid them and for the first two years I paid them. There are many issues with our development's sewer system. Basically pipes aren't where they are supposed to be.

About three years ago I noticed water was bubbling up from the road. In the summer it is wet. In the winter the road heaves up from where the water freezes. I told the president of the HOA that I suspected a sewer pipe under the road is broken. He insists there is no pipe there. He told me the pipe from the house across the street ran up the front of the property, across the road and then back down. I know for a fact it doesn't. These are all gravity fed pipes and sewage doesn't defy gravity by traveling uphill on it's own. Furthermore, I was here when the house beside me was built and there were no pipes in that yard. Now, my concern is that this wet spot is about thirty feet uphill from my well. I finally called the sewer department who said even if there is a broken sewer pipe there they will not fix it because out HOA owes them almost $10,000 for previous work.

At that point I stopped paying. Over the summer I called a government agency to see if I could get my well water tested because the water was running right into the part of my yard where my well pipe is. I assumed this was a private conversation but apparently not (and really I could care less). In September the president of our HOA was overseeing road work in front of my house. I went out and talked to him again about the wet spot. He told me he had heard I was getting my well tested. He said it's just a spring but if I was that concerned he would dig it up and put a layer of rock down there to make the water flow. And then he left and didn't bother with it.

So this morning my husband called and said our neighbor e-mailed him saying the president of the HOA told her we were delinquent on our dues. He didn't bother telling her anyone else was delinquent.... just us. Is he legally allowed to discuss our financial matters with a third party?
 


NC Aggie

Member
Well it definitely sounds like what your HOA president did was inappropriate at the least. I don't know if it is UNLAWFUL because your HOA is essentially a private entity/organization that you are a member of and unless they disclose false and malicious information or sensitive information that harms you, I don't know if anything unlawful has been done. You may want to research laws associated with consumer protection or visit the section of the forum for Consumer & General Practice Law as this is more of an issue about disclosure than real estate. Also, I would bring this matter before the HOA Board because while what he did may not be unlawful it may be a violation of ethics or rules established for the HOA president and board members.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? PA

I live in a community with an HOA. When I purchased my land my attorney contacted the HOA and I was told the dues were current. Once I bought the land I was sent a bill for the three years previous. I paid them and for the first two years I paid them. There are many issues with our development's sewer system. Basically pipes aren't where they are supposed to be.

About three years ago I noticed water was bubbling up from the road. In the summer it is wet. In the winter the road heaves up from where the water freezes. I told the president of the HOA that I suspected a sewer pipe under the road is broken. He insists there is no pipe there. He told me the pipe from the house across the street ran up the front of the property, across the road and then back down. I know for a fact it doesn't. These are all gravity fed pipes and sewage doesn't defy gravity by traveling uphill on it's own. Furthermore, I was here when the house beside me was built and there were no pipes in that yard. Now, my concern is that this wet spot is about thirty feet uphill from my well. I finally called the sewer department who said even if there is a broken sewer pipe there they will not fix it because out HOA owes them almost $10,000 for previous work.

At that point I stopped paying. Over the summer I called a government agency to see if I could get my well water tested because the water was running right into the part of my yard where my well pipe is. I assumed this was a private conversation but apparently not (and really I could care less). In September the president of our HOA was overseeing road work in front of my house. I went out and talked to him again about the wet spot. He told me he had heard I was getting my well tested. He said it's just a spring but if I was that concerned he would dig it up and put a layer of rock down there to make the water flow. And then he left and didn't bother with it.

So this morning my husband called and said our neighbor e-mailed him saying the president of the HOA told her we were delinquent on our dues. He didn't bother telling her anyone else was delinquent.... just us. Is he legally allowed to discuss our financial matters with a third party?
**A: read your CC&R's. You are supposed to pay and dispute, not dispute and not pay.
 

FlyingRon

Senior Member
Well it might not have been professionally handled, but frankly dues that are more than a few months late are PUBLIC KNOWLEDGE in our neighborhood because we file liens on these people. Failure to pay HOA dues/assessments can snow ball in a hurry. We pay a management company to deal with billing/collections partly because it is a lot of work for one of the volunteer HOA officers and it keeps any individual from having to play the "heavy" when dunning the deadbeats.
 

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