One result of the collapse of the residential real estate market and subsequent foreclosure crisis has been the dramatic increase in unit owners unable or unwilling to pay assessments to their community associations. This in turn has created a crisis for associations which are forced to operate their communities with less, increase assessments on responsible owners who pay, and act affirmatively to collect from delinquent unit owners.
To collect those amounts, associations frequently turn to their attorneys and outside management companies because the collection process is a lengthy one containing many legal requirements. By assisting in the collection of these debts, association attorneys and outside managers may make themselves subject to the Fair Debt Collection Practices Act, 15 U.S.C. §1692, et seq., and potential class action lawsuits brought by debtors’ attorneys.
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