The FDCPA regulates third-party debt collectors — outside collection agencies and law firms that regularly collect debts — pursuing your unpaid HOA assessments or fines. It generally does not apply to the HOA (or its manager) collecting the association’s own dues in the association’s own name.
When it applies to HOA collections
Courts widely treat unpaid HOA assessments and fines as “debts” (they arise from home ownership). So an outside agency or law firm that regularly collects them is a “debt collector” bound by the FDCPA. A creditor collecting its own debt (the HOA itself) usually is not (§ 1692a(6)).
Your protections when a collector is involved
- Debt validation — the amount, the creditor, and your right to dispute (§ 1692g). A timely written dispute pauses collection until they verify.
- No harassment or abuse (§ 1692d); no false or misleading statements (§ 1692e).
- Cease communication on written request (§ 1692c).
- Sue for violations — actual damages, up to $1,000 statutory, plus attorney fees (§ 1692k).
Foreclosure firms — the Obduskey rule
In Obduskey v. McCarthy & Holthus LLP (2019) the Supreme Court held a firm doing only nonjudicial foreclosure is not a “debt collector” for most of the FDCPA (except § 1692f(6)). So a firm merely foreclosing an assessment lien is largely outside the Act — but one that also demands payment or sues can be a full debt collector.
Arizona law on the same topic
- A.R.S. § 33-1807 — Arizona: HOA liens & foreclosure