Q: When a condominium unit has been rented out and the owner of the unit does not pay his monthly maintenance fee, can the renters be evicted? If so, do you have to go through an attorney or can the board members send them a letter of eviction?

G.H., Tarpon Springs

A: Eviction cannot occur without legal action and that will require an attorney. But why go that route? The board needs to approve a collections policy to lien and foreclose on delinquent accounts.

Most legal costs for the lien and foreclosure will be added to the delinquent account. Once you have guidance of an attorney and the proper documents filed, it may be possible to have the renter pay the association. Do not play games with delinquent owners. Act fast and implement the collections policy.

Q: Your response to the question regarding shortfall due to lack of payments and/or foreclosure actions was very good. The only item I think that could have been elaborated on was the question regarding holding the board of directors or management liable for noncompliant owners.

As you are well aware, the tendencies are to blame management and the board of directors for owners' lots in life. I would like to have seen your response be more supportive of the roles we play, in that management and the board must act within the limits of the laws governing collection procedures. This is an important part of the explanation for those that do not understand how collection works.

B.H., Bradenton

A: You are correct. I would put it a little more strongly. The members are the final responsible parties and will pay if errors are made. Members in most situations say, ''Let the other person do the work'' and then never follow up on the performance.

These lazy members never want to take any responsibility or share in the business of the association. They only want to be exempted from rule enforcement and keep the fees low. Obviously, they will be the ones to blame the board and management for their shortcomings. The shame is that this describes a high percentage of our population.

Q: Our condominium association has a reserve fund of $20,000 in a business account earning nothing. Can we create a CD to gain income interest on the deposit? Do we get a 1099? Will it require the association to file a tax return? What forms are used to file if we do indeed have to file a return?

B.H., Vero Beach

A: All associations need to file annual IRS tax reports. Two forms can be used: 1120 or 1120H. It is wise to place your reserve money in an interest/income account but you want to make sure that the funds are protected in the most prudent and secure account. The income is less important than the protection of the principal.

In most situations, the interest will have IRS tax consequences and more than likely the bank will submit a 1099 report.

Q: I wonder if an elderly person who does not have a medical reason for a companion can hire one anyway to live with him and assist if needed and provide companionship?

D.K., Boca Raton

A: In today's society, the term family unit has a broad meaning. Even if your documents restrict non-related persons from residing in the same unit, I do not believe you could enforce the restriction today.

While he may not need a companion for medical reasons, he apparently does need companionship. Why not just let the old man lives out his life with a little happiness that a companion could offer?

Q:I have lived in my condominium since 1982. It is completely paid for. Each year our maintenance fees go up. I am 76 and on a fixed income. I heard recently that I did not have to pay the maintenance fees and the association could not throw me out of my home. I was told that a lien could be put on the property until I died or moved. If I died my inheritors (children) would have to pay the lien. I would appreciate any information you have on this issue.

C.A., Stuart

A: Inflation and cost increases happen. As to not paying your fees, the information you received is incorrect.

If you do not pay your maintenance fees, the association can lien and foreclose on your home. It is not a situation of your children paying after your death.

While Social Security has a built-in inflation factor, it is not enough to cover the true inflation increases.

I would strongly suggest that you warn your children and grandchildren to prepare for their retirement by starting to save today.

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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