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CONDO LINE

A strict collection policy will save headaches

CAMquestion@cfl.rr.com

Q:Our association is having a problem with owners not paying their fees. They have their units up for sale and refuse to make payments. The lack of maintenance funds causes problems for the association. We would rather not assess the other units for this shortfall. We understand that we can charge interest on the delinquent amount until the unit is sold. How is this interest percentage determined?

W.T., Tarpon Springs

A: You have too much faith in today's market. If an owner does not pay fees and you wait too long, you have a slim chance to collect the delinquent fees. The reason is that the fees build up quickly, making the delinquent amount far beyond an owner's cash reserves. Or the owner declares bankruptcy or lets the property go into foreclosure.

As for interest, you need to check your documents to see if they allow interest or late fees. Statutes limit how you can collect late fees and interest and this is really a question that your attorney needs to address.

I urge boards to have a strict and fast collection policy in which you start collections procedures within the first 60 or 90 days and then turn the matter over to an attorney to lien and start foreclosure.

Q:We are a cooperative and need the help of an attorney. Where can we get the information to locate an attorney to help us?

D.S., Miami Beach

A: Each association should have an attorney on retainer or on record. You need an attorney that specializes in association law. Search the Yellow Pages under Attorneys and then under Association Law. Many newspapers have articles written by attorneys that concentrate on association law. Professional associations such as the Community Association Institute (www.caionline.org) will have a list of association attorneys.

Q:I live in Florida for six months and up North the other six months. I have not received communications from the management company for over a year. I have lived in this home for the past 13 years without any problem. Management has both addresses but for some reason they have failed to send me any notices until last week when I received notice of a special assessment past due. Am I not entitled to receive such notices in writing? I never received the meeting election notice, the budget, or the financial audit. How do I find out the phone numbers of the officers?

M.G., Miami

A: I am not making excuses for the board and management company, but part-time residents require special handling. You need to take more responsibility to communicate with the association when you have a new mailing address. My recommendation is that you send a letter to the board of directors each time you move. While you can communicate with management, I recommend that you address your problem to the board in writing, not by phone. The key is that the board has the responsibility to maintain your address, not management.

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

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