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?

B.R., Naples

A: Welcome to Florida as a full-timer. The problems you will face are not laws but maybe codes and documents. First, check your documents to see if there are any limits on combining two units. Check with the county to see if they have any building codes that might limit the opening of the wall. Normally there will not be any restriction on joining two units and I have seen it done in many condominiums. I would send the board a letter of your intentions and ask for its approval. You want to avoid any problems that you could encounter at a later date. Yes, you will have to pay two fees to the association and the tax on the two units. And you would have two votes on any association action and at the elections.

Q: We live in a small group of townhomes in an HOA. We have very few amenities but our fees have escalated to cover several units that are not paying their fees. We placed liens on these units but none of them has paid their delinquent fees. We have a few units of these that were foreclosed and owned by the banks who have refused to pay the fees although they have title to the homes. What is our next step?

C.A., Port St. Lucie

A: In this situation, you must have an attorney provide advice to help resolve the collection problems. Your filing of a lien was only a first step. You should have had the attorney file foreclosure action as soon as was feasible. Your object is to get the delinquent units paying as fast as possible or generating income. Once you have title to the property, you have several options, such as renting or selling and maybe deeding the property to the bank. You say that the bank now holding title will not pay. The bank is subject to the same title rights and obligations as any other owner. If it does not pay, have the attorney lien the property and start foreclosure on the bank's property. Sometimes you need to hit them upside the head with a two by four.

Q: We live in an HOA that has existed for over 20 years. Our articles say that a member shall be all persons owning a lot in our subdivision. We have some spouses that are not listed on the deeds as owners. What is the status of these nonmembers and what rights do they have to attend meetings and serve as directors and officers?

R.I., Stuart

A: Your question has lots of paths with different answers. When I encounter this question, I ask, what makes the nonowner less intelligent, less knowledgeable or their input less valuable? Upfront, an owner does have some financial gain simply because he or she purchased the property, but a nonowner may have an interest because of motivation. The three primary areas most involved are voting, serving as a director or officer and attending or talking at meetings. In condominiums, only members vote in elections but if a nonmember has a proxy, then he or she can vote on motions but not in the election.

HOA nonmembers can vote at annual meetings if they have a proxy and the documents do not restrict such votes. Any person, owner or nonowner, can serve on the board unless their documents limit nonowners from serving. Talking at meetings is an area that many boards limit or restrict. Some even restrict them from attending meetings. There is no basis to restrict nonowners unless your documents have such restrictions. You are not involved in top secret discussions, so I ask what harm they can do by attending meetings. I recommend that you give the nonowner similar rights as you would an owner. I have seen many renters and spouses who have valuable information that can help the board and the association.

Q: I have voiced my opinion of how the board is spending our money. The president and I have had strong voices at board meetings. He puts my objections in the minutes but he changes my words. I am at the point now where I am afraid to talk to anyone because of his misinformation. What are my options?

N.G., Miami

A: As an owner, your rights are to volunteer to serve, become a candidate, voice your opinion at meetings (limited to three minutes), read minutes and financial reports, write your board of your concerns or questions, read the documents and statutes, comply with the rules and regulations and pay your fees on time. Harassment is never an option. You can disagree with a decision but your options are limited to writing letters or asking to talk at board meetings on agenda items.

The directors have been elected by the members. They have a fiduciary duty and a responsibility to operate the association as a proper business. As such, they have the responsibility to make business decisions. You may disagree with the way they are spending your money, but you do not have the same responsibility as a director. If you are not happy with your elected officials, start talking to your neighbors and try to get others to volunteer to become candidates and vote out the current directors. Just keep in mind that whoever is elected will have the same responsibilities to operate the association.

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

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