A: Short fast answer is, pay immediately. I have a problem explaining why you are now burdened with other owners' failures to pay. I am sure that it was not intentional in most cases. But usually the only income to the association is from the fees it collects. When delinquent owners cause a shortage in this income, the board has few options -- either special assess members or cut maintenance. If a board is taking corrective action, that is an additional necessary cost. Failure to pay should result in the board's collection action, meaning to lien the home and follow with foreclosure action.

Q: I am the new president of a condominium that has one owner already in foreclosure with his bank before he stopped paying monthly assessments and a special assessment to the association two years ago. The former president was advised that our foreclosure would be secondary, and it would be a waste of money to pursue action.

The board did not move to foreclose. The sale date was several months away. Close to the sale date, the owner then made a deal with the bank and the sale date was dropped. We filed a lien and foreclosure action. Before our foreclosure action matured, the owner was again in default and the bank had a new scheduled sale date. The attorney said that our foreclosure is stayed until the sale date, which is several months away. We are now on the third sale date and the owner owes us a huge sum for a two-year period. Although this owner is only one out of several who are behind on their payments, this is a significant amount for our building. What else can we do?

K.L., Miami Beach

A: I can only address what I recommend and not what your attorney advises, as I am third party to your situation. From the information in your question, it is too late for the association to do anything except to wait for the bank to finalize the foreclosure. I have heard many stories like this that caused the association to lose uncollected fees.

I recommend fast and strict collection policies in today's economy and I recommend fast foreclosure action. The main reason is that it forces the owner to vacate and may result in a faster bank foreclosure. In the past, my suggested collection policy included three collections letters sent within the first 40 days and then a turnover of collections to your attorney to lien, and about 30 to 60 days after that, foreclosure. Once you have title to the unit, your options include renting or selling the unit or giving title to the bank.

When you have a slow collection policy or you do not take it to the final step, your owners can play the game of living rent-free. As for the fast action policy, the owners will know that you are a strong board and will be less likely to play with your money.