CONDO LINE

Homeowners not paying dues

Q: I have paid my homeowners' association fees for years. Recently, all homeowners were assessed an extra fee because many homeowners have not paid their dues, some of them for more than one year. Although I realize that foreclosures and hardships have hurt many individuals, some have simply refused to pay their dues. My understanding from attending the meeting was that every time the association has to pay a lawyer to send a letter and/or put a lien on a property, the rest of the association is absorbing the cost.

CONDO LINE

New owner worries about short sales

Q: We are about to close on a short sale in a condominium association. We understand that many of the condos are available on a short sale status in this building. We have heard that on our unit, the bank is negotiating with the builder on back HOA unpaid fees. Reading your column regularly, we see that the builder should have made efforts to foreclose on the delinquent units. Now we are concerned that when the property moves from the builder to the association all these short sale units that are not sold will be pending unpaid liabilities for the community. Can you help us to understand what the situation might be?

CONDO LINE

Directors left, association dissolved

Q: I live in a condominium and since late 2007 we have been without a working board of directors. One by one, the directors have moved and some have sold their units. Some have just failed to serve as directors. Two years ago the former president filed the annual report but none has been filed since. Our condominium has been dissolved by the state. We notified the Division of Corporations but it advised us to seek the advice of an attorney. Should we file for a new association or keep the same association?

CONDO LINE

Owners want to combine 2 units

Q: We now realize that we are unable to maintain both our home up North and our condominium here in Florida. Because we have two homes of furnishings, we would like to buy the unit next to ours and open the wall to provide the area we will need. We know we will have to pay taxes and fees on both units. Would it be legal to own both units and can we connect the units?

CONDO LINE

Too many hands on the money?

Q: Our board has relieved our treasurer of her position while disclosing at a shareholder meeting that she has done nothing wrong or illegal. Now three people on the board have taken over the job of writing checks and distributing funds. The board is also talking about having a nonvoting shareholder do data entry of the finances. From what I have been told, a nonvoting shareholder does not have to be bonded. If this is so, who would be accountable for financial errors or losses?

CONDO LINE

Trash bags raise neighbor's ire

Q: I live in a deed-restricted townhome community and have a neighbor who thinks the county's right-of-way is her property. She will not allow me to put out my trash bags for pickup even though it is a common area. She throws my garbage and yard waste onto my driveway. The association, police officers and waste removal service representatives have spoken to her yet she refuses to allow me to utilize this service area. What do you suggest I do?

CONDO LINE

Naming violators could be mistake

Q: I was recently elected to a HOA board and act as president. Each meeting many minutes are, in my opinion, wasted because when we discuss delinquencies and infractions of the covenants only unit numbers are provided by the manager and we have to scramble to look at plat maps, etc., to determine addresses. The manager claims that privacy laws dictate this method. I thought that names and addresses are public records and should be used in board of directors meetings. Why is the board required to keep secret on violators and delinquent accounts?

REAL ESTATE

Former South Florida condo-hotel king Robert Falor accused of misspending millions

Former condo-hotel magnate Robert Falor is accused of using investor dollars to buy Bentleys and jet rides instead of converting South Beach hotels into condominiums.

CONDO LINE

Board's use of reserve funds results in fine for the owners

Q: Our board willfully used funds from the reserve account without unit owner approval for other purposes. The state imposed a fine on the association and not the board. Who is responsible for such action?

CONDO LINE

Owner still lives in foreclosed unit

Q: I am living in a condominium complex and, like other associations, we are struggling with quite a few delinquents. What I do not understand is, when a home is foreclosed on, how is it possible that the owner can still live there like nothing has happened? What can we do to kick those people out? Our lawyer is involved but besides collecting his invoice, he doesn't do much. I am from Europe and for me this 718 law is just incomprehensible.

CONDO LINE

Why should board check out renter?

Q: I own a condominium that I rent. On the application for lease, it states that a background and credit check will be done at the owner's expense. A board should not have the need for such a check, as the tenant pays the rent directly to me. What are the statutes that give an association board permission to do a background check?

Miami event to focus on condo market

The Greater Miami Chamber of Commerce examines the downtown condo market Wednesday in the session: Downtown Housing: An Honest Appraisal.

The event is at the chamber, 1601 Biscayne Blvd., at noon. Registration and lunch begin at 11:30 am. Tickets cost $30. For more information, contact Tania Valenzuela, 305-577-5491 or tvalenzuela@miami chamber.com.

CONDO LINE

Condo developer wears two hats

Q: I am a condominium owner in a complex that has approximately 200 units, of which approximately half are rental units waiting to be bought. The owner of the property owns these units and calls all the shots. We have one meeting per year, which means nothing, since the owner controls everything. I would like to know if we are, under law, entitled to an outside audit. Also, where I can get copies of county or state regulations regarding condominiums?

REAL ESTATE

A gilded headache

At the new Trump Hollywood luxury condo tower, developers are scrambling just to keep the clients who have already signed contracts.

REAL ESTATE

Bulk condo prices are still sinking

Setting a new post-crash low, an investment firm purchased 10 units of a Brickell condo project for only$156 per square foot.

CONDO LINE

Try sugar on nasty condo board member

Q: We need your advice on the best way to handle a tyrant who has been on the board for years. This nasty individual is extremely overbearing and must have it his way. He makes life on the board impossible. How can we remove this person from the board? Can we establish term limits for future board members?

CONDO LINE

Delinquent owner driving a new car

Q: No different than most condominiums, we have been forced to make collections our hot button. We have filed liens and now have these units delinquent for over two years' fees. We have made attempts to contact the financial institution as to foreclosure dates with no response. Last month one of the owners being foreclosed upon moved back into the unit. He now is driving a new car and has a new large screen TV and cable connected. What is the problem and how can we force payment of our delinquent fees?

CONDO LINE

Owner wants to inspect contracts

Q: I want to reduce my monthly condominium fees. Am I out of line? Do I have a right to see contracts that my condominium association has entered into with vendors such as lawn service, cleaning and elevators? Do I have a right to see the competing bids as well as the contracts?

REAL ESTATE

Ruling helps condos collect delinquent fees

Condominium associations got a break when a state appeals court affirmed their right to use a new tool to collect maintenance fees.