I am commonly asked by community association boards of directors if they are subject to the federal Fair Debt Collection Practices Act (FDCPA).  This queston usually arises after an owner accuses the community association of violating the FDCPA.

        Community association are NOT subject to the FDCPA because the FDCPA only applies to third party collectors.  A board of directors acting on behalf of its association is NOT a third party collector.  

        Third party collectors who collect assessments MAY be subject to the FDCPA.  However, the fact that a third party collector collecting community association assessments is subject to the FDCPA does NOT make the community association it is collecting for subject to the FDCPA.

        Here is a link to the statute.

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