Q:Our board has put a lien on a unit, and the foreclosed settlement date is within three weeks. The unit owner, who has failed to pay assessments and maintenance charges, has a reverse mortgage and if the debt is not settled, eviction procedures must be carried out. The resident is an 85-year-old woman whose relatives received the mortgage proceeds but have not fulfilled the obligations of the unit. What is the association's duty and what are the legal ramifications?

R.K., Aventura

A: The association's attorney should be able to answer your question. One thing is certain: the board is taking the right action to foreclose on the delinquent account. The reverse mortgage company should be notified of the foreclosure action. I also hope that the relatives are aware of the pending eviction. It really brings up a question as to why the mortgage company is sending funds to the relatives and not the resident. This is a sad situation in which the woman is going to lose everything and be on the street for neglect and greed of the relatives.

Q:We live in a resident-owned mobile home park. For two years we have been fighting high rent increases. Our new cooperative board refuses to lower the rent because past cooperative boards did not turn over the past records. The past board guaranteed the shareholders that there would not be a rent increase for 10 years. What can be done to force this board to lower the rent?

A.P., Largo

A: Boards have little control on the economy, which can force increases each year in budgets and operational expenses. It is impossible for a board to guarantee that fees (or rent) will not increase.

Your board has a fiduciary duty to maintain the common areas and the community. As components break and property depreciates, it forces higher repairs and replacement costs. As for past records, your current board should send certified letters to the past directors demanding that the records be turned over immediately. Warn them that the records are the property of the cooperative and that their removal could be considered a criminal discharge of duty.

Q:We have a maintenance issue. We reside in an adult community with almost 300 units. We have a management company to look after our maintenance and financial issues. We provide an office and the management company provided the computer, fax, copier and other office equipment. The problem that we have is that every time there is a malfunction of this equipment, we get billed for the repair job. I have read over our contract many times and all it stipulates is that they will supply the computer equipment. There is nothing in the contract that deals with maintenance. Should we be liable for repair costs or should it be the responsibility of our management company? As the president, I would appreciate any comments you may have to offer in this regard.

L.P., Clearwater

A: As the president, you need to challenge the management company as to why they are billing the association when the contract does not reflect such charges. While these charges may be proper, they need to first be justified since they are not in the contract. I would suggest that you send a letter to the management company disputing the charges and ask that they justify the costs.

Q:Our association has a president who has attempted to hijack our community. Our property manager suggested to the board, and a motion was made and passed, that stated owners not be allowed to speak until after the meeting is over, and their comments and questions be limited to three minutes total. At the last meeting, the meeting was over and the ownership had waited for three hours to have their concerns addressed. The property manager and a board member stood up and attempted to leave, claiming their backs were hurting! Can the board restrict owners' speech until after all agenda items have been discussed and voted on, limit the time allotted for the owners to speak, and not remain present to address owner concerns?

M.O., Miami

A: The following section is copied out of the HOA act but the condominium act, FS 718.112(1)c), has similar wording: The HOA Act, FS 720.303(2) (b) says, ``Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association [the board] may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.''

This means that the board's policy to allow owners to address only at the end of the meeting is unreasonable and not consistent with the statutes. The board needs to establish reasonable meeting policies.

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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