Pavilion from the Ocean

Pavilion from the Ocean

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“Dunning Lists” Should Not Be Published By Associations For Late Assessments

Question: Is it legal for a condominium association publicly post the names and unit numbers of homeowners who are late on their assessment payments? M.V. (via e-mail) 
Answer: In my opinion, no. Chapter 559.72(14) of the Florida Statutes, known as the Florida Consumer Collection Practices Act, generally prohibits the publication of “dunning lists.”
However, the underlying documentation involving the delinquencies (such as account ledgers, records of payments, recorded liens, and the like) are part of the “official records” of the association, which any unit owner is entitled to inspect and copy.
In other words, unit owners have the right to get this information, but the association should not volunteer it, and certainly should not try to “shame” people into paying, as that will backfire.

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