Posts tagged Maintenance Fees
Understand The Law That Protects Owners From Abusive HOA Debt Collection Practices

In 1977, Congress passed the federal Fair Debt Collection Practices Act (the “FDCPA” or “Act”) to prevent abusive, deceptive, and unfair debt collection practices by debt collectors. The act prohibits debt collectors from harassing consumers or using deceptive conduct when attempting to collect a debt. Homeowners or condominium maintenance assessments are subject to the FDCPA, therefore, the association’s debt collectors must follow the law when attempting to collect past due fees from homeowners.

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Understanding The Homeowners Association (HOA) Fee Liability

The local statutes and recorded Declaration of Covenants, Conditions, and Restrictions (the "CC&Rs" or "Declaration") serve to establish the association's authority to charge maintenance fees and enforce non-compliance against all owners and properties subject to its authority. The HOA fees cover the costs of the maintenance and repair of the common areas, amenities, and operation of the association to preserve property values. 

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