What are the fair debt collection practices applicable to HOAs?

In Illinois, Homeowners Associations (HOAs) must abide by the Fair Debt Collection Practices Act. This Act applies to the collection of any debts due to an HOA from its members, and it applies to third-party debt collectors hired to recover HOA debts. The Act sets forth certain standards and conditions that must be followed when collecting a debt. For instance, the debt collector must act in a professional manner and not use abusive language or tactics. They must disclose certain information to the debtor, such as the amount and nature of the debt, the identity of the creditor, and any remedies available to the debtor. The debt collector must also refrain from contacting the debtor by phone before 8am or after 9pm and can only contact them at their place of employment if the debtor has consented to it. The collector must not use unfair or deceptive methods to collect the debt, such as threatening to take action that is not allowed by law. Finally, the debt collector must provide the debtor with written notice of their right to dispute the debt, and the debtor has the right to request verification of the debt from the collector. The collector must then cease collection efforts until they’ve provided the debtor with written verification of the debt. These are just a few examples of the fair debt collection practices applicable to HOAs in Illinois.

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