W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

West Virginia Supreme Court of Appeals decision (April 23, 2015).

This case involved a dispute between a homeowners association (“HOA”) that was created as a West Virginia Limited Expense Planned Community under West Virginia law, and various homeowners who had failed to pay their share of HOA assessments. The homeowners contended that the HOA, as a “Limited Expense Planned Community,” did not have the ability to assert a common law lien on their property for the unpaid HOA assessments. The homeowners further contended that the HOA’s collection efforts were governed by the provisions of the West Virginia Consumer Credit and Protection Act. The trial court granted summary judgment in favor of the HOA and the homeowners appealed.