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Case Law alert - Real property - FCCPA & condominium assessments

Writer: Courtney KilbourneCourtney Kilbourne

Kelly v. Duggan (Fla. App., 2019)

Edward Michael Kelly ("Kelly") challenges the dismissal of his complaint against Julie Duggan ("Duggan") for alleged violations of the Florida Consumer Collection Practices Act ("FCCPA") in an unpaid condominium assessment dispute. Kelly argues the trial court erred in dismissing the complaint for failure to state a cause of action because condominium assessments qualify as "consumer debts" under the FCCPA. We agree and reverse.

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