Legal Question in Real Estate Law in Maryland
Delinquent Homeowner Assessments
I have a question that affects many ''planned community'' homeowners and hopefully you can help.
In the state of Maryland, to what extent can Homeowner Associations publish DELINQUENT homeowner assessments in Newsletters and community bulletins. The State of Virginia allows publication of delinquent homeowner assessments by address (no names) and amount delinquent as of a certain date. Yet when questions are asked about the State of Maryland, we hear different answers.
I work on our community newsletter in Clinton, MD and we are trying to get legal information on this subject. We have a 30 percent delinquency rate and want to pursue measures on correcting the problem. Thanks for any help you can offer.
1 Answer from Attorneys
Re: Delinquent Homeowner Assessments
You should be very careful about "publishing" deliquency information. The relevant governing law is the Federal Fair Credit Reporting Act. Generally speaking, publishing a list of names as you suggest will present risk for your association. I am not sure from where you have been getting "different answers" as you indicate, but I would be very careful on this issue. Speak to your association's attorney before publishing such a list (whether including names or even just addresses).
As a practical matter, I am of the opinion that a list is not very effective anyway. The people who are true problems will not be affected by it because they either won't care or they simply don't have the money. Those who are not true problems can be better approached in other ways.
I have been involved with common ownership community legal issues for many years. In that time, I have represented homeowners and their associations in legal matters of all types in negotiations, trials and appellate advocacy. For many years, I represented the Maryland Homeowners Association as general counsel, and as legislative counsel. My comments on HOA issues have appeared in newspapers and magazines throughout the country. I have also approached serious deliqency problems in the past. I have some ideas about what can help. I would be happy to chat with you if you like. Please feel free to call me if you would like to talk about your association's difficulties. (see contact info below)
FYI: My firm, Joseph, Greenwald & Laake, P.A. was ranked recently as one of the top 10 suburban firms in Maryland. Our approximately 25 attorneys practice in many different areas of law, including: civil and commercial litigation, business/corporate transactions; tax planning/litigation; domestic matters, estates & trusts, probate, medical and legal malpractice; products liability; personal injury; employment strategies/litigation; criminal defense, etc.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.