A fine imposed by a homeowners’ association (“HOA”) for violating the HOA’s governing documents is a debt for purposes of the Florida Consumer Collection Practices Act

In Agrelo v. Affinity Management Services, LLC,  Case No. 15-14136, the Eleventh Circuit on November 9, 2016 overruled a Florida  district court decision and held that a fine imposed by a homeowners’ association (“HOA”) for violating the HOA’s governing documents is a debt for purposes of the Florida Consumer Collection Practices Act. The Court also held that it was a question of fact under Florida law as to whether the homeowner's association was libale for the acts of debt collector law firm. The Court found, " Unlike the FDCPA, the FCCPA’s proscriptions are “not limited to debt collectors.” Schauer v. Gen. Motors Acceptance Corp., 819 So.2d 809, 812 n.1 (Fla. Dist. Ct. App. 2002). Compare 15 U.S.C. § 1692e (prohibiting “[a] debt collector” from engaging in “any false, deceptive, or misleading representation or means in connection with the collection of any debt”), and id. § 1692f (prohibiting “[a] debt collector” from employing “unfair or unconscionable means to collect or attempt to collect any debt”), with Fla. Stat. § 559.72 (regulating the conduct of any “person” collecting debts).[The homeowner's association] is not exempt from the FCCPA simply because it is not a statutorily defined debt collector."