The federal Fair Debt Collection Practices Act (FDCPA) specifically prohibits “debt collectors” from publishing lists of consumers who have failed or refused to pay debts.  15 USC. §1692d(3).

Although the FDCPA does not apply directly to most HOAs, some states have debt collection laws banning similar third-party publications by creditors.  See, e.g., N.C.G.S. §75-53; W.Va. Code §46A-2-126.

Moreover, Nevada’s HOA rules expressly forbid disclosure of private homeowner information by HOAs.  Nev. Admin. Code §116.405 (4).

Although many states do not have laws that expressly prohibit disclosures by HOAs, most states do have more general data protection and confidentiality laws that apply to HOAs and often impose stiff civil penalties. See, e.g., Florida Information Protection Act (Fla. Stat. §501.171, et. seq.); California Consumer Privacy Act (Cal. Civ. Code §1798.84).

Additionally, homeowners whose personal information has been wrongfully disclosed may be able to assert common law claims for invasion of privacy, breach of fiduciary duty, or even negligence. We have previously written in-depth about the Privacy Rights, Confidentiality, And Data Security For Homeowners’ Associations if you need a quick refresher.

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Understand The Law That Protects Owners From Abusive HOA Debt Collection Practices

In 1977, Congress passed the federal Fair Debt Collection Practices Act (the “FDCPA” or “Act”) to prevent abusive, deceptive, and unfair debt collection practices by debt collectors. The act prohibits debt collectors from harassing consumers or using deceptive conduct when attempting to collect a debt. Homeowners or condominium maintenance assessments are subject to the FDCPA, therefore, the association’s debt collectors must follow the law when attempting to collect past due fees from homeowners.