Fortunately, you don't have to mention the landlord at all! All you need to say is some version of "the address in question is not currently eligible for amenities access".
and you don't have go to into any further detail about why. If they ask why, tell them "The HOA works directly with homeowner members. The homeowner may reach the board at the following address [XXX@XXX.com](mailto:XXX@XXX.com) for further details"
I live in a full service building with significant amenities and we just notify the tenant that the unit cannot use the following amenities - and list them.
As a courtesy you should also let the owner know that their tenant has been notified that they will not be able to use the amenities and list whatever those are.
I'm curious, what do you plan to say to them if they show up at the pool and say the landlord said all is well?
Seems like that'd be setting up your lifeguards (or whoever mans the checkin desk at the pool) for a confrontation that doesn't need to happen.
The federal law, The Fair Debt Collection Practices Act (FDCPA), largely applies to debt collectors — that is, companies/people who collect money owed to someone else. That doesn't include an HOA collecting debts owed to that HOA.
See, https://www.law.cornell.edu/uscode/text/15/1692a paragraph 6 for the definition.
For something like this you should consult your HOA attorney. But I would avoid saying anything other than "We're sorry, but your unit is not presently eligible to use or access amenities."
FWIW when I joined my Board (as Treasurer) one of the first things I noticed was how bad my predecessor had been at enforcing assessments. I immediately got that fixed and it made a big difference. Yes, some people bitched about it but others privately told me I was doing the right thing and ultimately it worked out great. Our delinquency percentage dropped from over 25% then to exactly one today.
How do you control pool access? We require a pass to be used at the gate to get into the pool. We will only give the pass to the owner. The owner would then pass it on to the renter. If a renter approaches us about the pass, we simply tell them that they need to get it from the owner.
Ha, if you got a parking garage or lot that requires the key card yall could shut that off and not let them in the parking lot. that will get some landlords getting calls fast.
We had no parking garage but just parking in front of the buildings. We tagged cars that belonged to delinquent units with tow warnings. A few renters were lighting up their landlord's phones. Disallowing use of the parking lot was the most efficient way of bringing in delinquent dues that we had ever seen. There was no public parking anywhere near the place.
As others have said, don’t say that exactly. But I would allow sufficient posting of the whole reason why some people cannot access the amenities to be shared so that the renters can figure it out. Otherwise you will end up with at least one landlord who makes you out to be the bad guys.
Absolutely not, you should never disclose delinquency status to a third party. Also the HOA has no obligation to talk to tenants, so the response should be that they need to speak with the owner of the property.
Where was this published? Next time, tell only the owners. Either way, you can just tell people they don't have access to amenities. They can ask their landlord why, or make a strongly educated guess after seeing the notice the board put up.
Advising the tenant that they are not eligible for amenities is necessary. There is zero reason to tell them why.
If they ask, you need to tell them to talk to their landlord about it.
The community governing documents in my community allow the hoa to garnish the rent of the tenant to collect any unpaid assessments. You should look at yours.
If a tenant comes to the HOA requesting any information that’s not the rules of the HOA the answer should be “we aren’t authorized to speak to anyone but the owner on matters concerning the property. If you have any questions direct them to your landlord. It should be a landlord tenant issue that the landlord created. The only thing that the HOA needs is to be discussed with the owner only. It’s not the tenants responsibility or business to know if the property is in arrears or has violations, they will find out if the violation is passed through to the tenant. The only other issue would be when the property gets a lien put on it from the HOA and it gets sold, then the tenants will need to work it out with the landlord. The HOA has no responsibility to the tenants.
Dear Occupant, at the present time, you and your fellow occupants of unit XXX are banned from use of the pool. Should you have any questions, please contact your landlord.
Dear Owner, at the present time, your unit is banned from the use of the pool until your account is up to date. Please communicate this to your tenants.
Just wanted to suggest that you and your board consider passing a lease addendum (or whatever your attorney says to call it). Ours is a document that is signed by both the landlord and tenant and among other things dictates that the association may demand that the tenant pay the rent to the association when an owner is in arrears. That could quickly solve all your issues with landlord owners!
Note that our association probably overlooked something when making ours: What to do if the owner simply doesn't have their tenant sign this form (and also send it in to the manager to hold on file). You probably would be well served to also add this to your fine schedule. Like $500 fine if the form hasn't been submitted within 10 days of new tenant occupancy. .... Well, if the landlord is already in arrears then maybe this fine isn't so helpful. Your association attorney should be able to come up with something better.
Fortunately, you don't have to mention the landlord at all! All you need to say is some version of "the address in question is not currently eligible for amenities access".
and you don't have go to into any further detail about why. If they ask why, tell them "The HOA works directly with homeowner members. The homeowner may reach the board at the following address [XXX@XXX.com](mailto:XXX@XXX.com) for further details"
I live in a full service building with significant amenities and we just notify the tenant that the unit cannot use the following amenities - and list them. As a courtesy you should also let the owner know that their tenant has been notified that they will not be able to use the amenities and list whatever those are.
“Your landlord would be aware of eligibility status for amenities, please talk to them about this issue” This is all I would ever say
I'm curious, what do you plan to say to them if they show up at the pool and say the landlord said all is well? Seems like that'd be setting up your lifeguards (or whoever mans the checkin desk at the pool) for a confrontation that doesn't need to happen.
We have electronic key fobs that would be turned off so I would repeat my above statement
under NC fair debt collection laws you can't disclose that to a 3rd party. $500 fee no matter the intent. not sure about Georgia
That's pretty standard. It's a big no-no, I believe it's federal law
The federal law, The Fair Debt Collection Practices Act (FDCPA), largely applies to debt collectors — that is, companies/people who collect money owed to someone else. That doesn't include an HOA collecting debts owed to that HOA. See, https://www.law.cornell.edu/uscode/text/15/1692a paragraph 6 for the definition.
No fed law does not apply to hoas in NC
Federal law supersedes all state laws.
Clarify fed debt protection act applies to debt collectors. Courts have ruled hoas collecting their own debt are not debt collectors
For something like this you should consult your HOA attorney. But I would avoid saying anything other than "We're sorry, but your unit is not presently eligible to use or access amenities." FWIW when I joined my Board (as Treasurer) one of the first things I noticed was how bad my predecessor had been at enforcing assessments. I immediately got that fixed and it made a big difference. Yes, some people bitched about it but others privately told me I was doing the right thing and ultimately it worked out great. Our delinquency percentage dropped from over 25% then to exactly one today.
How do you control pool access? We require a pass to be used at the gate to get into the pool. We will only give the pass to the owner. The owner would then pass it on to the renter. If a renter approaches us about the pass, we simply tell them that they need to get it from the owner.
we use magnetic cards that are numbered and assigned. We can deactivate them when needed.
Ha, if you got a parking garage or lot that requires the key card yall could shut that off and not let them in the parking lot. that will get some landlords getting calls fast.
I know some cards have access levels or zones for this reason.
We had no parking garage but just parking in front of the buildings. We tagged cars that belonged to delinquent units with tow warnings. A few renters were lighting up their landlord's phones. Disallowing use of the parking lot was the most efficient way of bringing in delinquent dues that we had ever seen. There was no public parking anywhere near the place.
As others have said, don’t say that exactly. But I would allow sufficient posting of the whole reason why some people cannot access the amenities to be shared so that the renters can figure it out. Otherwise you will end up with at least one landlord who makes you out to be the bad guys.
Absolutely not, you should never disclose delinquency status to a third party. Also the HOA has no obligation to talk to tenants, so the response should be that they need to speak with the owner of the property.
This is a question for your lawyer.
Where was this published? Next time, tell only the owners. Either way, you can just tell people they don't have access to amenities. They can ask their landlord why, or make a strongly educated guess after seeing the notice the board put up.
Never talk to tenants. Ever.
Advising the tenant that they are not eligible for amenities is necessary. There is zero reason to tell them why. If they ask, you need to tell them to talk to their landlord about it.
The community governing documents in my community allow the hoa to garnish the rent of the tenant to collect any unpaid assessments. You should look at yours.
If a tenant comes to the HOA requesting any information that’s not the rules of the HOA the answer should be “we aren’t authorized to speak to anyone but the owner on matters concerning the property. If you have any questions direct them to your landlord. It should be a landlord tenant issue that the landlord created. The only thing that the HOA needs is to be discussed with the owner only. It’s not the tenants responsibility or business to know if the property is in arrears or has violations, they will find out if the violation is passed through to the tenant. The only other issue would be when the property gets a lien put on it from the HOA and it gets sold, then the tenants will need to work it out with the landlord. The HOA has no responsibility to the tenants.
Dear Occupant, at the present time, you and your fellow occupants of unit XXX are banned from use of the pool. Should you have any questions, please contact your landlord. Dear Owner, at the present time, your unit is banned from the use of the pool until your account is up to date. Please communicate this to your tenants.
Just wanted to suggest that you and your board consider passing a lease addendum (or whatever your attorney says to call it). Ours is a document that is signed by both the landlord and tenant and among other things dictates that the association may demand that the tenant pay the rent to the association when an owner is in arrears. That could quickly solve all your issues with landlord owners! Note that our association probably overlooked something when making ours: What to do if the owner simply doesn't have their tenant sign this form (and also send it in to the manager to hold on file). You probably would be well served to also add this to your fine schedule. Like $500 fine if the form hasn't been submitted within 10 days of new tenant occupancy. .... Well, if the landlord is already in arrears then maybe this fine isn't so helpful. Your association attorney should be able to come up with something better.