Can an HOA Charge a late fee for an Unpaid late fee??

[JETX]

I hope that clears up the two definitions of the two laws. Do you know if either of these laws apply to HOA's collection practices?

Yep... NEITHER!!!

The PROBLEM here is you are trying to use your state's definition of a 'debt collector', then trying to apply that to a FEDERAL law. Simply, you cannot do that.

Based on your post, it certainly appears that the HOA appears to meet the Hawaiian definition of a debt collector. So, if true, your HOA would have to comply with your state debt collection requirements.
However, the HOA does NOT meet the FEDERAL definition of a debt collector... so federal laws would not apply to his conduct.

Further, your attempt to apply the FTC 'Credit Practices RULE' (not a law) doesn't apply since according to the FTC it ONLY applies to CREDITORS. Your HOA is NOT a creditor. And even further: "The Rule applies to consumer credit contracts offered by finance companies, retailers (such as auto dealers and furniture and department stores), and credit unions for any personal purpose except to buy real estate."
Your HOA doesn't qualify and your circumstance is NOT a "consumer credit contract".

 

[Alison2]

Who Regulates HOA's? Is HOA considered Creditors for collection purposes?

You wrote: The HOA are the primary 'creditor'. Is that the term the legal community would use for HOA's ? ... just wondering?


Thank you Jetx and everyone else, for all your good advice.
Thank you also, for clearing up the difference in the law and rule.

I do know the HOA can foreclose in a heartbeat, so I am trying to clear this up 'before' they threaten that.

Next I will try to find a regulatory agency, probably State.

The BOD and manager ignore my letters or simply flat disagree with no thought to it, even when a law is cited.
Without an agency or paid attorney they give all owners no value. I am sick of paying attorneys for their ignoring my communications.

Do you know who oversees or regulates HOA's ?? ... who might notify them, or look into this law? All suggestions are welcome!