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.

H.E., Fort Lauderdale

A: Statutes/laws are not written in plain language for the members that use them or should use them. However FS 718, FS 719, FS 720 and other statutes are divided into sections that are specific to operational responsibilities.

As to your question about living in the home under foreclosure, the owner has title to the home until the courts have finalized the foreclosure on the steps of the courthouse. I can understand your concerns about the owner taking advantage of the situation. Since the board has engaged an attorney, that is a step in the right direction.

Q: I am a condominium owner. I asked for a copy of a list of the units that were delinquent and the manager said he could not provide me with it. I am somewhat cynical admittedly, but I do not trust my property manager. Without knowing who is delinquent, there is no transparency. I do not wish to physically assault my delinquent neighbors; I simply wish to shame them into paying. What would you do in such a situation?

J.A., Clearwater A: First, your property manager does not necessarily have the right to distribute the delinquent list or other records in most situations. I suggest you send a certified letter addressed to the board of directors and ask for the information. However, asking for delinquent accounts may be a violation of the Federal Credit Laws. Rather than asking for names of the delinquent owners, you could ask for a list of the receivables.

I must caution you that if you harass, disturb, or annoy the delinquent owners, you may violate the Credit Act. What you need to do is make sure that the board is taking action to collect the delinquencies by liens and foreclosure action.

Q: Over the past few years I have published a newsletter for our community and the board refunded my printing expense. In fact, the president would put a column in the newsletter. We have a new board and they refuse to reimburse me for my printing costs. When the maintenance fee came due, I deducted my expenses incurred. I received a letter from the manager that my account was past due. I responded that I see no reason my reimbursement could not come from the fee account. The manager sent a letter that the board would place a lien on my account if the balance was not paid immediately. I consider the president's decision a matter of censorship restricting the newsletter. Kindly advise as to what you make of all of this.

L.S., Port St. Lucie

A: You have mixed priorities. No owner has the right to deduct any fee or expense from the maintenance fee. You must immediately send the total amount to avoid legal costs and the possible loss of your home through foreclosure.

Your fee payment and your expense claim are two different matters. What a nice effort you have made in past years, but you need to have the board's approval to produce an approved association newsletter. If you want to produce a nonofficial newsletter and pay for it yourself, the board cannot stop you. Here is what I suggest: pay your delinquent amount and then send a letter to the board asking for reimbursement. Ask them to discuss the matter at the next board meeting.

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