Q&A: Private Eyes?

Q&A: Private Eyes?

Q. We live in a small condominium association, and like everyone these days, we’re concerned about rising costs, including our condo assessments. We believe that a couple of owners are delinquent, and that those non-payments will result in shortfalls, potentially prevent needed work from being done, or cause an increase in the cost for other owners. We asked to see the ledger, to see if homes that we think are behind in assessments are in fact delinquent, but management said that due to privacy issues, they can’t let us see that information. As owners, don’t we have a right to know if assessments aren’t being paid? 

                                                     —Frustrated 

A. “It is nice to see your concern about the association,” says Richard Brooks, partner in Marcus, Errico, Emmer & Brooks, PC, in Braintree, Massachusetts. “You may even want to consider running for the board at the next election as boards need concerned owners like you. The current board is correct in not disclosing that information to you. They can, however, give you information about delinquencies without the names and unit numbers.

“Your concern is with the association being solvent, work being done, and condo fees not being increased due to delinquencies. All you need to know in order to satisfy your concerns is the amounts that are owed, and the length of the delinquency. It is not necessary for you to know the names of the owners. 

“As a matter of fact, that may just embarrass the delinquent owners. There are various debt collection laws which may easily be violated if that information is provided. Therefore, we recommend to our clients that the names and addresses of delinquent owners are kept private.”

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