Condo Media - April 2013 - 52

LEGAL
include proper diagnosis of both the
motivation and the ability of the target
audience. In other words, in order to inﬂuence behavior, one must understand
what motivates the target audience as
well as what ability the target audience
possesses. The strategy to inﬂuence can
then be tailored to increase receptivity
and effectiveness.
Bottom Line: It is possible to develop
the skill of inﬂuence. Good inﬂuencers
ﬁrst address “ability” so that the target
audience has the necessary knowledge
and skill to perform as desired in a
literal sense. Then, the “motivation”
aspect is addressed so that the target
audience can be made to want to perform as desired.

FDCPA Class Action Suits —
Recent Trends and Defenses

This seminar discussed the fact that
the Federal Fair Debt Collection Practices Act (“FDCPA”) is, unfortunately,
being regularly misused. Although
the FDCPA was designed to protect
consumers from unscrupulous debt
collectors, the Act is now routinely
being used to thwart the efforts of attorneys trying to collect condominium
assessments within the bounds of the
law. Recent trends include plaintiffs’
counsel seeking out similarly situated
individuals for purposes of launching
class actions. Fortunately, there are
nationally recognized FDCPA experts
that work to defend condominium
attorneys. In addition, the standards

provided by court rules for establishing class actions are fairly rigorous.
The result is that defense counsel are
able to make strides in the area of successful defense of these cases.
Bottom Line: The FDCPA is being
used not just as a “shield” but rather
as a “sword.” Trends include ﬁling
such actions in response to attempts
to collect condominium assessments as
well as attempts to form class actions.
Condominium attorneys need to remain
educated as the law develops and condominiums need to retain legal counsel
with such expertise. By knowing and adhering to applicable law and by utilizing
effective defense experts, condominium
attorneys can mount a successful defense
when facing such claims.

A Hot Debate: Adopting
Smoking Bans in
Community Associations

As the title suggests, this seminar
discussed the issue of smoking bans
in condominiums. The session began with a review of some astonishing facts. By the year 2000, the
U.S. Surgeon General’s report cited
4,000 chemicals and 50 carcinogens
in second-hand smoke (“SHS”). In
2005, the California Environmental
Protection Agency concluded that
SHS causes health problems. In 2006,
the U.S. Surgeon General also reported that SHS causes health problems.
Based on the ﬁndings of the Surgeon
General and the EPA of California,
SHS is a problem. Further, it is a
problem faced by many Americans.
The number of households in America
located within an association setting
is approaching 25 percent of total
households in the country. Also troubling, SHS can occur even with proper
ventilation and there is no acceptable
level of SHS for purposes of eliminating health risks.
Regardless of the above, there are
presently no states that impose a
state-wide ban on smoking in units.
About a dozen states have such bans
relative to common areas. Associations
52

CONDO MEDIA • APRIL 2013

Condo Media - April 2013

Table of Contents for the Digital Edition of Condo Media - April 2013