Q:In my subdivision there is a home that has been in foreclosure a long time. The lawn and weeds have covered almost all the front of the house. You cannot even see the front door. The board has received letters complaining about the problem and said that nothing could be done because the house has no owner. They refused to cut the grass themselves or even try to contact the bank that owns the property. Please, let me know how we could approach this problem.

J.O., Tampa

A: Your documents should have a section to allow the board/association to enter the property to make repairs. The legal term is called ''self-help.'' There are certain requirements that the association attorney can advise to perform self-help. In some cases, the cost for the repairs can be charged to the collection's account and recovered. It will require the board to do a little homework and send a few letters before they engage a landscaper to cut the grass and remove the trash. But in the end, the failure to perform self-help can result in other major problems and serious devaluation in the community. I strongly suggest that the board consider the expense of a limited maintenance on the home. Sometimes, the bank will agree to repay the cost or to send their crew to cut the grass, so a letter to the bank is important. As for your part, send the county or city a compliant letter. The last resort is to ask the neighbors to help one afternoon and cut the grass.

Q:A large surplus from last year's budget was not spent. Our board refers to these funds as a budget surplus. What happens to these funds? Are they returned to the owners? Can they be credited to the upcoming budget? Can these funds be spent on other expenses?

W.I., Davenport

A: In FS 720 (HOA statute) there is limited information but FS 718 (condominium statute) does detail how to handle surplus funds. While it could be returned to members, I do not recommend that because of the expense of preparing and delivering checks and the bookkeeping involved. I would rather see a credit against next year's budget, which would, in effect, lower your fees. If a situation arises that requires expenses not listed in the budget, the surplus could be transferred to pay. Some boards transfer the surplus to the reserves.

Funds are owned by each owner/member in their share percentage. If the budget has a surplus or a shortfall, each owner is accountable for their share. It is not a case in which the money disappears.

Q:Our board is attempting to be more efficient in the way we notify our members with the newsletter and other forms of communications. The consensus is that electronic messaging is the best way to go, but many members fear their e-mail addresses will then be accessed by disgruntled members, spammers and solicitors. I have searched the statutes, journal articles, books and even did a Google search trying to get an answer on how to get the cooperation of unit owners to agree to furnish the association with their e-mail addresses, find a suitable permission form for them to submit to our office, and mostly, how to provide security of their information. What do you suggest we do?

M.N., Crystal River

A: Keeping in mind that not all owners have access to the Internet, you need to have some alternate way to communicate to these owners. I would send a letter to all the owners explaining the cost of communications and that the board would like to provide information by e-mail. Have the owners return the letter with their e-mail address and approval to communicate via the Internet. For those who do not have a computer or do not return the letter, send them the newsletter by other methods and explain the cost in each issue and the savings by e-mail.

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