Q: Is my Condo Association or HOA obligated to provide a list or statement of owners who are delinquent in the payment of assessments?
A: Yes, under certain conditions.
Association members are entitled to review the Associationʼs financial and accounting records including any ownerʼs unpaid balance for unpaid assessments. Pursuant to Chapters 718 (condo) and 720 (HOA), Florida Statutes, the Association must provide a current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
Accordingly, any Association member is entitled to see the financial records, including the status of individual homeowner accounts. Addressing financial issues, including action against delinquent owners, in the minutes of the Board meetings is appropriate. Members are not entitled to review any privileged collections documents created by the Associationʼs attorney and they are not entitled to certain personal information about other members such as social security numbers, email addresses or phone numbers.
Finally, it is important to ensure that the Associationʼs financial records and Board meeting minutes are available only to members of the Association, not third parties. This is especially critical for records and statements pertaining to delinquent members because federal law prohibits the distribution of debt collection information to third parties. These same laws prohibit the public posting of “deadbeat lists” that are designed to embarrass or compel the delinquent homeowner to make payment.