Blasting Those Who Put Others on Blast
Homeowners associations, condominium associations, and others are legally entitled to collect dues and other appropriate assessments….no real problem here. But there are rules that apply to collecting the money owed. The NC Debt Collection Act and, in some cases, the Fair Debt Collection Practices Act, apply to the conduct of the person and entities doing the collecting.
One disturbing trend is publication of the names and addresses of property owners and amounts owed. Such publication violates the law and can lead to big headaches for the association. In fact, once illegal publication begins (and if it continues) the property owner could be entitled to recover monetary damages and attorney’s fees.
Common methods of publication by associations is the listing of the info in correspondence to all unit owners or posting a “deadbeat list” somewhere that it can be seen easily by others. These attempts to shame delinquent property owners are ill-advised and can cost the association dearly in the long run.
If you owe HOA or condo or association dues or some other type of debt and believe it is being illegally published try to keep or obtain copies of all such publications. Then contact an experienced consumer attorney. It could mean money to you and a washout of what you owe.
- Posted in: Consumer Law/Consumer Protection ♦ Debt Collection Defense ♦ Harrassing Debt Collections ♦ Homeowners Issues/Construction
- Tagged: assessment, attorney fees, condominium association, damages, deadbeat list, dues, FDCPA, homeowners association, illegal, NC Debt Collection Act, Property management, publication