Consumer Rights Against an HOA
Are you a homeowner facing abusive debt collection by your homeowners’ association? The Florida Consumer Collection Practices Act (FCCPA) prohibits debt collectors and creditors from using certain types of abusive, deceptive, and misleading debt collection and supplements the protections of the federal Fair Debt Collection Practices Act (FDCPA).
Fighting HOA Harassment in Florida
Pursuant to the FCCPA, an association can be liable to for engaging in any false, deceptive, or misleading representation or means in connection with the collection of any debt and can be held vicariously liable for collection activity of its agents, including property management companies and association attorneys.
Actionable violations include:
- Using or threatening to use force or violence
- Contacting third parties about your debt
- Harassing you or your family about the debt
- Holding themselves out as attorneys, or misrepresenting to you that an attorney is involved (this is also a potential violation of the FDCPA)
- Using obscene, profane, vulgar, or abusive language when communicating with you or your family
- Threatening or attempting to enforce an illegal debt against you, and communicating directly with you when they know you are represented by an attorney.
You May Be Entitled to Compensation
If your association, its property management company, or the association attorneys have violated the FCCPA, you have a private right of action, which in most cases will entitle you to: actual damages, statutory damages up to $1,000.00, possible punitive damages, and attorney’s fees and court costs.
Homeowner Legal Options Against HOA Abuse of Power
The law surrounding representation of HOAs is complex and the facts of each case are unique to the owner and community board. While most property owners pay their dues and never run into any problems with their HOA, many others are faced with a significant problem.
When a dispute between an association and a property owner arises, hiring a qualified real estate lawyer is needed to resolve the issue. The real estate attorneys at HOA Defenders work closely with homeowners to combat abusive debt collection practices and determine the best legal strategy to solve their dispute with their HOA.
Dedicated to Helping Homeowners like You
Take Back Your Rights with HOA Defenders
Our Florida real estate attorneys are ready to fight for your ownership rights and determine whether your HOA is acting unfairly or illegally. If you suspect that your association or its agents have violated the FCCPA, call 561-340-4577 today for a free consultation