Q:The housekeeper that was hired to clean the common areas is neglecting her work and doing housecleaning for owners. Now she is being paid by the association and at the same time the owners. Our board neglects to supervise her work and is oblivious to the side work. What can we do to correct the crisis?

A.B., Naples

A: The actions are improper. In the past, as manager, I have recommended to the board that policies restrict employees from working in units anytime. I recommended that they not even be allowed to do private work in the building, including off hours. The key reasons are that such work is difficult to control as to when an employee was on or off the clock and it is also difficult to control inventory of parts and tools.

If the employee working off hours does damage to the property or is injured, it could be assumed that the association is liable. If a crime was committed and the employee is in the building during off hours, the association could be named in a lawsuit. The best policy is that when an employee is off the clock, he or she is off the property.

A work order system can be established by the board to have an employee do work while on the clock and the owner billed for time and materials. Sometimes the board must apply these policies to contract labor or vendors.

Q: Do the Florida statutes override the documents? The issue arose as to how the board must react to delinquencies. Our covenants do not have a section that states when a lien can be filed. Management charges the cost of intent-to-lien letters if payments were not made within 45 days of the due date. This does not seem to comply with the statutes or our documents. Is this action proper?

L.C., Sorrento

A: I strongly suggest that the board establish a collections policy that complies with the statutes and the documents. Have the association's attorney review the policy and then the board should adopt it at a board meeting. The policy would include how payments are made, when they are due and specific dates for letters sent to notify the owners of delinquent accounts. It would also include interest, late fees and other charges that can be applied to delinquent accounts. It should include turning the matter over to an attorney for collection procedures that include lien and foreclosure actions.

As to intent-to-lien charges, I cannot render an opinion because that is a legal issue that your attorney can provide and it may well be a charge listed in the management contract.

Q:My partner and I owned an apartment in New York. We converted two units into one large apartment. The association has been billing each apartment for monthly fees. One was billed in my name and one in my partner's name. Recently, my partner passed away and his apartment title was transferred to me. I requested approval to restore the one apartment into the two original apartments. The board refused my request. What are my options?

J.G., Manhattan

A: You must convince the board that the apartments are on separate deeds and individually titled. As such they must reconsider the matter and allow you to restore the two units. If the board refuses, I would ask to discuss the matter at the next annual meeting and let the owners vote on the issue. If that fails, I would talk to the city zoning or property appraiser about their help. If all fails, contact an attorney.

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