• Logout
  • Member Center

CONDO LINE

It's not nice to identify deadbeats

CAMquestion@cfl.rr.com

Q: Several board members are curious as to whether the board can publish, in the monthly board minutes, the names of delinquent owners. I understand that liens, foreclosures and bankruptcies are public information, so is it appropriate for us to publish these unit numbers and owners' names in the monthly treasurer's report? Like many condominium associations, we are experiencing substantial financial distress due to nonpayment, and some board members feel that the other owners should know who the ``deadbeats'' are. What is your advice?

G.A.,

Panama City Beach

A: While the posting of delinquent accounts is not necessarily illegal, it is improper. It can result in bad feelings and does not necessarily force or pressure delinquent owners to pay. And it can result in extremely poor neighborly consequences.

One thing I cannot answer is whether it may be a violation of the federal credit laws if names are posted. It has been suggested to me that posting of names is in conflict with these laws.

Financial records are official records of the association that members have the right to inspect. The question is, what can the members do about the owners not paying? They cannot disturb them or hit them with sticks and the disclosure will only create ill feelings. It would be best if the board published a statement with information on how many delinquencies, liens, etc., but left out the details.

Q: My condominium association recently passed a policy limiting the number of rentals to a percentage. With the current economy I think this policy makes no sense, especially for owners trying to keep up with their mortgage payments and association maintenance fees. Does the board have the right to enforce the policy if it means putting an owner in danger of losing their home by not being allowed to rent? What are the options when a rental quotas policy is in place?

B.C., Orlando

A: Current Fannie Mae requirements limit the number of rentals in a community. It is more of a policy rather than a new law. This policy has been in existence for many years but not stringently enforced.

Along with the limits on rentals, Fannie Mae is requiring that no more than 15 percent of the units are more than 30 days delinquent, the purchase of fidelity insurance, an HO-6 policy to properly insure units, proper reserve accounts and several other requirements.

For the board to limit rentals, it must be a document requirement or an amendment to the documents. Such a change that is not properly approved by the members and drafted by an attorney may not be enforceable. It seems that your board is attempting to take a position that may not be proper. Your association attorney needs to render an opinion to the board and the association.

Q: You say that ``Managers have no responsibilities to the members, the association or the board.'' Then why have a manager? They have responsibilities to process payments, address problems that occur with rule and bylaw violations, etc. They are also governed by state statutes in the performance of their jobs.

Second: ``. . . association manager has no powers to solve owners' problems unless the board allows the manager to solve problems.'' Managers have the obligation to a license, as governed by DBPR and the statutes. If they violate or allow violations to the association documents and ignore notices of such violations from association members, they can be held accountable by DBPR and sanctioned, have their licenses suspended or revoked, and/or face financial fines.

Join the discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Thank you for taking the time to offer your thoughts.

Comments (0)
  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category