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Our Association Management Groups Practice Fair Debt Collection  

Our associations makes every effort to work with homeowners in the Carolinas who are having problems paying their assessments. We understand that people get behind on their payments at times. We want our homeowners to know that our associations adhere to the Fair Debt Collections Practices Act (FDCPA), and we do not harass homeowners for unpaid assessments.

Carolina 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 you
  • Threatening you with violence or harm
  • Publishing names of owners who are delinquent or refuse to pay
  • Annoying you with repeated phone calls
  • Making false statements about you
  • Misrepresenting the amount you owe
  • Depositing your post-dated check early
  • Threatening to take legal action against you when we don’t really mean it
  • Providing your personal information to anyone else without your permission

The FDCPA also requires the association to notify you in writing about your 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 you have 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 practices in the Carolinas visit the Federal Trade Commission’s Consumer Information page at

Resources to Avoid Foreclosure

The continuing home foreclosure crisis continues to reverberate throughout the housing market and other sectors of the economy. But the real tragedy is what foreclosure—or even the threat of default—does to families and individuals who face this kind of financial upheaval. And, it’s happening everywhere. While foreclosure rates are highest in “rustbelt” states like Michigan and Ohio, no state or region is immune.

High foreclosure rates are largely the result of lenders offering mortgage loans below the prime-lending rate. These “sub-prime” loans are most often provided to those with poor credit or buyers who need adjustable-rate loans to purchase homes. Mortgage defaults also can be the unfortunate result of a lost job or even a serious injury or long-term sickness that prevents breadwinners from working.

Foreclosures can also be initiated by the associations, but this is rare and most often the result of an owner refusing to pay association assessments or HOA fees over a period of time.

We hope none of our neighbors ever face a financial crisis leading to foreclosure, but that is wishful thinking. It can and does happen. If you or someone you know faces this kind of personal crisis, advice and information are available.

For information on foreclosure and mortgage lending, check out these websites:

ACORN Housing:

Americans for Fairness in Lending:

 Center for Responsible Lending:

Consumer Federation of America:

 Neighbor Works America’s Center for foreclosure Solutions:

 FTC Fact Sheet, “Mortgage Payments Sending You Reeling? Here’s What to Do”: