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CONDO LINE

Naming violators could be mistake

CAMquestion@cfl.rr.com

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?

P.M., Tarpon Springs

A: I suggest that you follow the manager's advice on not listing the names of the violators or delinquent members. There is a question not necessarily of a violation of privacy laws but of credit laws. Displaying such names could result in the delinquent member or violator suing the board if he or she were harassed. If you feel the need to know the names, ask the manager to provide a code sheet with the names and addresses as part of the manager's report. Yes, the information is in the public records, so if a member wishes to do the research the information can be found but that would not involve the board.

Violators and delinquent members are your neighbors. To publicly display their names can cause embarrassment, disgrace and humiliation.

Q: Our association has two owners who have had habitual delinquency. Our board hired an attorney, put a lien on the properties and began foreclosure proceedings. One of the units almost went all the way to the foreclosure sale but the night before the owner filed bankruptcy and now everything is on hold. The second owner had a foreclosure hearing but the judge felt sorry for her and gave her an extension of 30 days. The owner deposited $1,000 with the judge to show good faith. Board members attended the second hearing and the owner was a no-show. The judge signed the final summary judgment and now a sale date will be set. I would not be surprised if this owner files bankruptcy too. We have paid a lot of attorney fees that we can ill afford. In the meantime, these two owners are getting free water, cable TV and use of amenities. The other owners are subsidizing them. What is an association supposed to do?

S.C., Miami

A: I would pat you on the back and say the board has done a good job. You have taken the right steps and made every effort to collect the delinquent accounts. Make sure that your attorney stays on top of the bankruptcy case. Before you cut services, I would make sure your attorney agrees because the condominium act does not allow restricting services. Keep your members informed on the actions taken by the board. You can discuss the matters at board meetings or maybe in a newsletter, but do not list names. Not all collections will favor the association but you must take steps as a common action even if you do not collect. I call it a cost of doing business.

Q: I live in a deed-restricted community, an HOA. Our board of directors has just sent out a new set of rules and regulations signed by two directors and a notary public. Are these the same as our bylaws? Does our board have the right to change these rules without a vote by the membership? They seem to be trying to turn our community into a 55 and older adult community, which it is not. These rules were also supposedly looked over by our attorney.

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