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).
Facing the challenges of increased delinquencies, board members often take an aggressive stance against a delinquent unit owner, and try to creatively encourage owners to bring their accounts current. An association’s governing documents and the Florida Statutes provide specific procedures that must be followed in connection with attempts to enforce the collection of assessments. However, we often see associations employing alternative methods. Some of these creative methods are subtle, involving the disconnect of utilities and cable, shutting off FOBs or other access cards to the property, denying services such as valet or denying access to amenities. Other methods involve public discussion of a particular unit owner’s delinquencies, calls to owners, employers and relatives of owners regarding delinquencies, and other instances of public shaming. Such alternative or creative methods may run afoul of the FCCPA and the FDCPA, subjecting the association, board members or property management companies to potential liability.
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