Real Estate Law
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
Please give me some time to respond, I want to pull the statutes.
Thank you for your patience.It is important to understand that the “Fair Debt Collection Practices Act” (15 US Code 1692) applies ONLY to debt collectors who are defined as"any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."What you are describing, the FDCPA will NOT apply to the condo association. So there is no issue with the federal statute overriding the state statue.Now…if the HOA is not following the law? The owner can sue the HOA and request a court to order that the HOA does follow the FL law…but there is no issue of federal law trumping the state law (since the federal law will not apply)
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
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Do you have more questions regarding this?
Thanks for your understandingPhil