Many families live in communities that require active participation in a homeowners association. These homeowners associations benefit their members by way of maintaining common areas and roads. In return, members of the homeowners association pay fees to the association. But, what happens when a member of a homeowners association fails to pay the requisite fee? Does the homeowners association have any recourse?
The homeowners association, which seeks to collect unpaid fees from a member, must tread lightly. A recent decision (Fleet v. Webber Springs Owners Ass’n, Inc., 772 S.E.2d 369, 377 (W. Va. 2015)) by the Supreme Court of Appeals of West Virginia makes homeowners associations subject to the West Virginia Consumer Credit and Protection Act (“WVCCPA”). Thus, the unfair debt collection provisions of the WVCCPA apply to these associations. The WVCCPA places firm limits on how and when debt collectors may collect from debtors. A violation of the WVCCPA carries stiff mandatory statutory penalties of $1,000 per violation and entitles the prevailing party to a full award of attorney’s fees.
Contact Kay Casto & Chaney PLLC to make sure your homeowners association does not run afoul of the WVCCPA. Noncompliance is expensive.
Blogger: William M. Swann, Esquire
Kay Casto & Chaney PLLC
A Meritas Firm
Phone: 304.345.8900, ext. 142
Fax: 304.345.8909
E-mail: Wswann@kaycasto.com
Office Location: 1500 Chase Tower 707 Virginia Street, East Charleston, WV 25301
Mailing Address: P.O. Box 2031 Charleston, WV 25327 Visit our website at: www.kaycasto.com.
Post date: August 21, 2015
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