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Appellate Court Reverses Itself, Finds Condo Fees Are Subject to FCCPA Restrictions

  • Written by Steel Rose

The new opinion, which comes in a unanimous decision by all 11 judges of the Fifth DCA, redefines the term “consumer debt” under the FCCPA with its finding that obligations to pay condominium assessments may be considered debts under the FCCPA.

In an unexpected decision reverting from more than two decades of case law, Florida’s Fifth District Court of Appeal reconsidered its position on the question of whether condominium association fees qualify as debts under the Florida Consumer Collection Practices Act. The new opinion, which comes in a unanimous decision by all 11 judges of the Fifth DCA, redefines the term “consumer debt” under the FCCPA with its finding that obligations to pay condominium assessments may be considered debts under the FCCPA.

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