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FDCPA & Debts That Can Cause Despair

The Federal Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. § 1692, et seq. applies to attorneys engaged in the collection of debt for community associations.  The language contained in demand letters is a frequent source of FDCPA litigation. Liability is often imposed based on...

Q&A: Board Member Confidentiality Agreements

Q: Can board members adopt a policy requiring all members of the Board to execute a confidentiality agreement? A: While there is no New Jersey case law directly on point, the likely answer is that with respect to material that is confidential, the governing board of...

Q&A: Access to Financial Documents

Q: How often do HOAs need to provide financial reports that include a balance sheet, receipts for work contacted and bank statements to the contributing members? A: It is not readily apparent from the question whether the reader is asking on behalf of a condominium association, or a...

Q&A: Scheduling of Annual Meetings

Q. We're not prepared for our annual meeting which is in August. We'd like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August to just say we had one? A. While we would normally not advise...