Q: In today's real estate market it may not be wise to foreclose. Lien, yes. Against my opinion, my board foreclosed and now is responsible for trying to sell a home in the community of 1,100 homes. The board, of course, is footing the bill for upkeep and paying all utilities plus maintenance fees, which, if not collected, it would be paying indirectly anyway. In this market, with over 20 homes so far in trouble, this HOA could be in the property management business quickly. The next step is to get into the rental business with all perils. Personally, I'm against foreclosures in a terribly down market. Why would you suggest it?

D.M.

A: I will agree with you that sometimes it is not best to lien and foreclose on all properties. As such, each delinquent account must be evaluated. My suggestion of a fast lien and foreclosure action is based on trying to get the home paying as fast as possible. If the board waits more than six months, this recommendation more than likely will not work. If the board can take title fast, then they have several options to get the unit paying or generating income. They could contact the first mortgage company to see if it would take title to the property; they could see if the mortgage company would accept a short sale; or they could rent the property and wait for the mortgage to foreclose.

I received several questions from boards that failed to act quickly and here are two problems that point out why that should be avoided. The first is, if the owner declares bankruptcy, the matter can be delayed for years and the owner could remain in the home without paying the mortgage or association fees. The second is that the owner transfers title to someone else, such as a friend, and the first mortgage must start the foreclosure action all over to serve the new owner. In one example, the title was transferred every six months and the original owner has lived in the home for over three years as the complex title situation is worked out. Q: Our condominium had extraordinarily high expenditures over the past several years. While some of these costs are fully justified and necessary, other items are discretionary. Are there limits that can be imposed on the board on expenditures in addition to having residents vote on whether to undertake various projects? Without any guidelines it seems the members are at the mercy of the board, which often runs counter to many of the association members.

M.O., Naples

A: The board has statutory responsibilities to maintain the association. As such, it has the duty to budget and assess members for the expenses required. The members elect the directors to fulfill the duties and responsibilities for the operations of the association. As a member, you have the responsibility to vote, attend meetings, review financial reports and calmly voice your opinions. It is best to write the board with your suggestions and complaints in a calm manner. No, the members should not vote on expenses. I would suggest that you could talk to your neighbors and see if they have the same opinion as you and ask them to write the board as well.

Q: I saw a news story on TV where a homeowner's house was being sold by the HOA because the dues were delinquent. Is this legal? If so, must this action be in the bylaws or is this justifiable for all HOAs?

J.M., Miami

A: It is said that associations, including HOAs, condominiums and cooperatives, have the most powerful collection tools. They have the right to lien and foreclose to force payments or take title to the property. Yes, you will find this power in the association documents and in the statutes. This power is superior to all liens except a first mortgage and a tax lien. In other words, the association can foreclose and eliminate all liens such as a second mortgage. If an owner becomes delinquent on association fees, the association can sue and take title away from the owner.

You must understand that if an owner does not pay their fees, then other owners would be responsible to make up the shortage. As a collective, most owners do not like to pay for a delinquent owner. The statutes allow the association to rapidly file liens and then foreclose in a relatively short period to decrease the other owners' responsibility to make up the shortage. In fact, it is the responsibility of the board to take this action.

Q: I need clarification as to what is the total vote required to amend the declaration of my condo association. It states in the declaration that an affirmative vote of 75 percent of all the condominium parcels at an association meeting duly called for such purpose pursuant to the bylaws. So my question is, what is the total required -- 75 percent of total membership or 75 percent of the total number of votes turned in?

V.B., Clearwater

A: FS 718.104 says, ``All persons who have record title to the interest in the land being submitted to condominium ownership, or their lawfully authorized agents, must join in the execution of the declaration. Upon the recording of the declaration, or an amendment.'' Simply put, it must be done with the percentage approved in your document of all owners. I strongly suggest that you have an attorney draft the modification, supervise the voting and record the proper documents. Keep in mind that your documents control the title rights and a simple mistake or errant word can change the title rights.

Write to Condo Line, Home, 1 Herald Plaza, Miami, FL 33132, or e-mail CAMquestion@cfl.rr.com. Include name and city.