Tag Archives: debts

Fair Debt Collection

Since assessments are fees for maintenance and use of utilities and not consumer debt, many association board members wonder if their communities are subject to the Fair Debt Collection Practices Act (FDCPA).  Some may be surprised to learn most state and federal courts consider assessments to be "debts" according to this definition:  A debt...

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Associations Can Collect Delinquent Assessments Accruing After a Homeowner Files Bankruptcy

After a debtor files a bankruptcy case, the court enters a discharge order, which forever discharges and makes unenforceable many debts owed by the debtor.  However, the bankruptcy code exempts certain debts from this discharge. Among these are debts “for a fee or assessment that becomes due and payable after the order for relief to a…

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NV: Another lawsuit filed over HOA debt collection fees

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Another lawsuit was filed Friday in the ongoing battle over fees Las Vegas-area collection companies charge to homeowners – and investors in foreclosed properties – over debts to their homeowner associations.
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