Condo Association Management Blog

We have a Private community which use to be a camp ground now all the sites are owned. We have issues with delinquent dues. The association had voted to put the names of owners and amount of what they owe in the BOD minutes under the treasurery report. we voted on this in 2008 and is in our bylaws. The board has yet to post this. Is there a legal or other way we can get them to go by what the bylaws say? They just ignore the question when brought up. I am not looking 
 
to embarrass anyone. Just would like them to follow the bylaws.

If they will have the insurance company reissue the check. Doesn't your association have common expenses? Even with just two units you should have a separate bank account. Some credit unions will have free checking accounts for this.

Mary Morine, Recently in Utah legislation was passed that if a unit owner makes a written request and pays a fee of not more than $25 the association must issue a statement listing unpaid assessments. I should think at the very least the association should let everyone know how many are in arrears and what they are doing about it. They don't necessarily have to disclose who is late but they shouldn't let it drag on. Those who do pay are paying for the deadbeats services.

Delinquent assessment information usually may be protected from other owners due to Federal protection. Some states such as MD have amended the Condo Act to specify that the delinquency accounts are to be discussed in closed board meetings. A recent court decision further clarified that only the total delinquency amount may be disclosed to owners and the individual account information is protected  
Association documents that conflict with other legislation (city through Fed) and those provisions are not enforceable. That may be the reason why the board has been advised to maintain this info. 

As to the original question, if the insurance policy is in the name of the association (even just 2 units), then reimbursement must be to the client. 
The condo must conduct its affairs as a business and open a bank account, establish financial records, and then reimburse your claim. 
For just two owners and no additional units to be added, the owners might explore other ownership options. The legal costs upfront will be recovered over the years in the ease of buying/selling and in complying with legislative mandates that affect all condos. 
Good luck.