The DTPA Loophole: Why Your HOA May Be Beyond THE DTPA’s Reach — But Its Management Company Is Not
The DTPA offers treble damages and fee-shifting — but only to “consumers.” Whether a homeowner paying mandatory assessments is a consumer of the HOA is genuinely unsettled. The management company is a different story, and under Basic Energy the two things that connect a defendant to a consumer transaction are exactly what a management company does.