Скачать или смотреть Publish Names of Delinquents: Reporting to Credit Agencies | Community Property Lawyer | Mark Moore

Contact us at http://ljlaw.com/our-lawyers/mark-moore/ or call us at (404) 350-1192.

Mark’s practice includes retail and commercial collections, community association litigation, assessment collection litigation, real estate litigation, and commercial litigation. In his 15 years of practice, Mark has dedicated his efforts to representing creditors and community associations throughout the state of Georgia.

Mark Moore
Partner, Consumer Litigation & Collections/Community Association
Collection Attorney
[email protected]   404-835-8723

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Hello. I am Mark Moore and I am a partner with Lazega & Johanson LLC. I focus my practice exclusively on collection law and have been specializing in community property collections for the last 24 years.

Two collection questions that I receive often from Board members are:

1) Can the HOA publish the names of homeowners who are delinquent paying their dues in their newsletter or on the Association’s website? and

2) Can the Association report the past due delinquency to a credit bureau?
I will address both.

First, with regard to publishing the names of delinquent owners in a newsletter or on a website, I’ll call them “shaming lists” because really what you’re trying to do is publicly shame the person into paying. The quick, short answer is “yes, you can.” In Georgia, it is not illegal to publish the names of those who are delinquent, BUT I highly suggest the Association not take this avenue to collect assessments. The risk and legal exposure to the Association far exceeds the possible benefits that can be had.

The risk the Association runs is that it may be wrong about the amount owed or who actually owes. If you publish the names of owners you claim are delinquent and you’re wrong, the Association has invited a lawsuit to be filed. If the amount is incorrect or the name of the delinquent owner is wrong, the Association could be sued for libel, or defamation, or other intentional torts.
The chances of being wrong are higher than you would think. For instance, what if the owner pays a few days before you publish? What if your management company misposts a payment or there is a simple clerical error in the amount? Also, are you sure the name you have associated with a property address is the record title owner? I recently had a case where the management company had both the husband and wife as the owners on their ledger. After a dispute arose, a full title report listed only the wife as the property owner. If the Association had published the name of the husband on the list, it would have been wrong and would have committed an intentional tort, giving the husband the right to sue. The risks of public “shaming lists” simply do not justify the possible rewards.
If you are still on the fence, consider that most Association Director & Officers insurance policies exclude coverage for Board members that have committed an intentional tort. If you are sued, you may not have insurance to cover you. Lastly, do you really want to publicly air the Association’s dirty laundry to those who may be considering calling your Association home? Given all these risks, if the Association is still set on publishing the names of delinquent owners, there are specific guidelines you must follow to limit the risks.

Next, with regard to reporting past due Association accounts to credit bureaus, historically this has not been an option for Associations. First, the Association would need to join and become a member of the bureau. Joining costs money and there are also continuing charges to report the debt each month. In addition, the credit reports need to be updated timely with payment information and dispute information so it would be very labor intensive for a Board member. There has also been a big uptick with federal litigation by owners targeting reporting creditors for improper posting or failure to correct the reports timely.

Also, please keep in mind that the credit bureaus will automatically, and for free, monitor litigation, so the Association’s lawsuits and judgments are picked up and reported on the owner’s credit report automatically.

Lastly, I have found that the threat to report a debt on an owner’s credit report usually doesn’t accomplish the intended result because most delinquent homeowners already have bad credit. Again, probably another collection avenue where the risks outweigh the rewards.


Lazega & Johanson LLC is a boutique law firm located in Atlanta, Georgia specializing in several niche practice areas.


Lazega & Johanson LLC
3520 Piedmont Rd. NE,
Ste. 415
Atlanta, GA 30305
Phone: (404) 350-1192
Fax: (404) 350-1193