Q:I am an owner in a relatively small condominium association. Our past president recently moved, leaving behind a management company with some very bad news. Many of the units are in foreclosure or pending foreclosure. In addition, a handful of current owners are not paying association fees.

Our pool is now closed and property maintenance is limited. While I understand there is legal recourse we can pursue, the association is no longer able to financially pursue such action.

What happens to a condominium association when it can no longer sustain itself? Are other unit owners required to bear the full burden of noncompliant owners?

Can the board members and/or management companies be held personally liable for mismanagement?

J.M., Naples

A: This is the single most significant difficulty that associations are facing in today's real estate recession.

The short answer is that the members in good standing will have to pay extra fees to make up the losses. Suing the board and management is not the answer, as that will only increase your expenses since it is like suing yourself.

Filing bankruptcy is also out of the question, since all the association needs to do is increase its fees.

You and your neighbors must band together to keep the association working. This may mean that you will need to volunteer for tasks to save money.

While it is best to have a licensed pool company to treat the pool, properly trained volunteers can perform this function.

Until the market turns, expect to pay higher fees and do extra work for the association. Once the market has changed and the community has learned to work together, your neighborhood will be stronger and a more desirable place to live.

Q: I do not know of any adult association that has ever taken a census that is required every two years with signed affidavits from the owners certifying their ages. Does this nullify standing as a 55-and-over community? If it does not, what is the purpose of the law? It seem to me that if the associations do not follow federal law then they should not be able to enforce age regulations.

K.L., Weston

A: You are correct. If the community does not follow the Federal Housing for Older Persons Act of 1995, it cannot enforce the adult restrictions for the community.

While day-to-day operations can be performed, any under-age person that applies to become a resident and is refused can sue for age discrimination. It will be up to the association to prove that it complies with the federal requirements.

Owners need to demand that the board comply with the laws to ensure that they do not lose the right to limit age.

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

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