Is your association following the law to prevent
legal recourse from delinquent owners?
Your association should make every effort to work with
homeowners who are having problems paying their
assessments. But sometimes people get behind
anyway. You want your homeowners to know that the
association adheres to the Fair Debt Collections
Practices Act (FDCPA), and that you do not harass
homeowners for unpaid assessments.
Community associations are REQUIRED to collect
assessments, which many state and federal courts
consider to be debts. The FDCPA requires those who
collect debts from individuals—like homeowners in a
community association—to refrain from tactics that
might be considered invasive.
The FDCPA prohibits the association from:
• Harassing owners
• Threatening owners with violence or harm
• Publishing names of owners who are delinquent or
refuse to pay
• Annoying owners with repeated phone calls
• Making false statements about an owner
• Misrepresenting the amount an owner owes
• Depositing a post-dated check early
• Threatening to take legal action against an owner
when the board doesn’t really mean it
• Providing personal information to anyone else without
the owner’s permission
The FDCPA also requires the association to notify
owners in writing about delinquent assessments. This
correspondence must state that it is an attempt to collect
a debt, include the amount of the debt and the
association’s name, and it must state that the owner has
30 days to dispute the debt in writing. If an association
violates any of these stipulations, it could be liable to the
homeowner for damages, attorneys’ fees, and court
costs.
For more information about the Fair Debt Collection
Practices Act, visit the Federal Trade Commission’s
Consumer Information page at
www.consumer.ftc.gov/articles/0149-debt-collection.
Article Provided by Community Associations Institute
How to Prevent and/or Minimize Damage
from Water Leaks
Water leaks can cause serious damage resulting in high
repair costs. Use the following advice to save your
association from these preventable disasters.
1. Require all units to heat the unit to a minimum of 50
degrees. Even though a unit may be winterized, and
the water turned off, there is still exposed plumbing
below the shutoff valve that will freeze and break the
water line.
2. Know the location of all the curb stops (the shutoff
valves located underground). Have these mapped
so you can quickly turn off the appropriate water
valve when a water line breaks.
3. Test the curb stops annually to ensure they are in
working order. Failure to “exercise” these valves
regularly will result in them seizing, a cost that will
be more than $1,000 to repair.
4. Create an action plan to share with your residents.
Quick action by them will help you to resolve the
problem quickly.
Comments