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Board: Be Mindful of FCCPA When Collecting Past Due Condo Assessments (FL)

/ Owner - January 29, 2020

The ability to collect assessments from unit owners on a timely basis is a key component to the financial health and stability of a community association. An association’s governing documents, as well as the applicable community association statutes (i.e., Chapter 718 for Condominiums, Chapter 720 for HOAs and Chapter 719 for Co-Ops) provide several enforcement mechanisms to assist associations with their collection efforts, including lien and foreclosure rights, late fees, interest, fines, suspension of use and voting rights, and the ability to demand rental payments from units occupied by tenants. However, an association must proceed with caution when implementing these valuable tools or risk running afoul of the protections provided to consumers under the Florida Consumer Collection Practices Act (“FCCPA”), and its federal counterpart the Fair Debt Collection Practices Act (“FDCPA”).    Read the article…………………………….

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