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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100474
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Due to personal and financial troubles I became delinquent

Customer Question

Due to personal and financial troubles I became delinquent on my HOA dues. The delinquent account was urged over to an attorney. I contacted the attorney made payment arrangements and paid off the account within a few weeks. I volunteer on our HOA's social committee(planning parties for the neighborhood). I understood that I was not to be allowed to participate in the committee until the past due fees had been received. I understood this policy and made no attempts to contact other members of the committee or try to participate in events or event planning. As soon as my account became current I contacted the HOA manager to let her know I would begin attending committee meeting and volunteering again. Upon my return I was told that an employee with our association who works closely with the social committee had told several members of the committee that they could not speak with me regarding events because I was no longer in good standing with the community. I feel that this information was private and that my fellow volunteers had no business knowing why I had not participated within the last few weeks. I feel as if this is against fair debt collection practices. Can my HOA tell residents in my community that I am not in good standing?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Yes, they could.
First of all, this was not unfair debt collection action, because this was not a debt collector, so debt collection laws do not apply here; and
Second, there is no "right to privacy" when it comes to debt, or outstanding fees. Unless the HOA bylaws state otherwise, said debt and fees may be discussed by other parties - there is no rule that states that other parties cannot know or or discuss the outstanding fees of another.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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