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 assessment to be “debts” according to this definition:
When you recruit people to serve on your HOA board, experts recommend that you look for people–like lawyers and insurance brokers–with expertise that can help you make good decisions.
Can you take that concept a step further and hire those board members or their companies when your association needs help? For example, if one of your board members is an association attorney, can you hire that board member’s firm to represent your association in a legal matter? What about hiring a board member who’s a CPA to file your association’s tax returns?