Nearly all Community Associations (“Associations”) must cope with owners who fail or refuse to pay their periodic assessments (also known as “Dues”). When this happens, the Association, typically acting through its property manager, may first attempt to collect the delinquent dues themselves, rather than referring the matter to an attorney. In such cases, Associations should be aware of the federal Fair Debt Collection Practices Act (the “FDCPA”) and its North Carolina counterpart, the North Carolina Debt Collection Act (the “NCDCA”), both of which, depending on the circumstances, may apply to Associations or their agents in the collection of delinquent Dues. Read the article……………
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