§ 392.404

The DTPA Loophole: Why Your HOA May Be Beyond THE DTPA’s Reach — But Its Management Company Is Not

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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.

The FDCPA and TDCA: The Debt Collection Laws Most HOA Firms Don’t Know — And Why That Matters

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The Property Code is a shield: it can stop an HOA foreclosure, but it has no damages action that makes the HOA pay, and its fee provisions run the association’s way. This part is about the sword. A written dispute can halt collection under 15 U.S.C. § 1692g(b) until the HOA verifies every charge — and the FDCPA and TDCA provide damages, statutory minimums, and attorney’s fees running the homeowner’s direction, including the automatic DTPA tie-in under § 392.404(a).

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