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?

G.R., Clearwater

A: Coverings such as carpet and tile on catwalks, walkways and balconies that are exposed to the elements can damage the underlying concrete over time. Engineers and building restoration companies recommend that only special waterproofing compounds be used on concrete surfaces. If an owner, or in your case owners, modifies common areas or limited common areas, he must remove the modification at his expense. Although the board approved such modifications, the board does not assume responsibility for future maintenance. Q: Is our management company obligated to mail the condominium board meeting minutes to all unit owners? It was been a long time since anyone other than the board members attended a meeting. If they need to send the minutes are they required to do so within a specific number of days after the meeting?

A.B., Miami Beach

A: Easy answer is no, the board is not required to mail copies of the minutes. It is responsible to prepare the minutes and keep them in a record book as part of the official records. Sometimes the manager is instructed to take and produce the minutes. Any member who wishes to read the minutes must send a written request, or, if they want a copy, the association can charge a fee. What I recommend is that two to four days after the meeting, a draft unapproved copy be posted on a bulletin board. If the association has a Web page or a newsletter, post the minutes there. While posting and publishing are not statutory requirements, they make for better communications between the board and members.

Q: You recommend that a condominium association take fast action on delinquencies. We have placed liens on properties, but we are not in a financial position to foreclose on the properties, take ownership or rent. Several units have been sold without our association having the benefit of receiving delinquent fees and dues. If a lien is placed on the property, can it be sold without first satisfying the lien at time of closing? If so, then what is the purpose of going through the legal costs of filing liens? If liens do need to be satisfied, what steps can an association take to ensure delinquent fees are remitted to the association prior to or during the process of sale?

A.R., Naples

A: It is not an option to forgo foreclosing on a unit because an association doesn't have money for legal expenses. It is a responsibility -- even if it needs to special assess members. Placing a lien on a delinquent property is only half the process. If the home is foreclosed by a first mortgage or tax lien, your lien will be worthless. A home can be sold with a lien filed by the association but the lien will still be a claim against the unit unless it is wiped out by the bank foreclosure. However, condominium statutes limit the lien to one-year's enforcement if no other action is taken.

Reading my column is not the place to save legal fees. You need proper guidance from an attorney and in your situation, it is a matter of taking proper legal action. Get the best legal advice you can to collect the delinquent money. Timing is critical in today's economic marketplace and you must start your foreclosures within 90 to 120 days or forget almost any chance of collecting the delinquent money for perhaps years.

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