Q: Several board members are curious as to whether the board can publish, in the monthly board minutes, the names of delinquent owners. I understand that liens, foreclosures and bankruptcies are public information, so is it appropriate for us to publish these unit numbers and owners' names in the monthly treasurer's report? Like many condominium associations, we are experiencing substantial financial distress due to nonpayment, and some board members feel that the other owners should know who the ''deadbeats'' are. What is your advice?
Q: A few years back, some owners were allowed to install carpet on the walks of their building. We are planning to paint and weatherproof our building. The board is requiring that the owners have the carpet removed at their expense. The board says that the carpet is not in compliance with Florida law. Who is now responsible for the cost of removal of the carpet?
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.
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?
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?
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?
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?
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?
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?
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.
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?
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.
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?
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.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?
At the new Trump Hollywood luxury condo tower, developers are scrambling just to keep the clients who have already signed contracts.
Setting a new post-crash low, an investment firm purchased 10 units of a Brickell condo project for only$156 per square foot.
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?
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?
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?
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