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© St. Petersburg Times, published March 9, 2002
Question: One unit owner in our condo is unhappy with our choice of contractors to make repairs and is refusing to pay both monthly fees and the special assessment for the roof repairs. Our documents allow us to place a lien against the unit, and we plan to do that, but we really need the cash. What can we do?
Answer: You could take her to small claims court, but the best that can happen there is that you'll win a judgment against her, and if she refuses to pay the judgment, you're right back where you started. Then you'll have to file a lien and foreclose on her property.
Take the high ground, engage an attorney and file a lien immediately. After 30 days, start foreclosure action. Pass a special assessment to pay the legal fees. The delinquent owner will be required to pay legal expenses if the lien and foreclosure are enforced, so the special assessment for legal fees could be refunded to the owners when the lien is satisfied. There is no excuse for any owner to fail or refuse to pay assessments. The association has extremely strong powers to force payment.
Question: I own a "proprietary lease cooperative." Can you define for me in plain English what that means?
Answer: You are referring to a title document. In condominiums, townhomes and homeowner associations, you receive a deed as proof of ownership. A cooperative is different because the deed names the cooperative as the owner. (You don't own your own unit; you own shares in the cooperative.) To allow individuals title rights of ownership, a proprietary lease is used. Think of the lease as the document in lieu of a deed to show evidence of title rights. Title rights allow you to occupy, use, exclude others and pass title to your estate, along with other rights.
Question: I recently purchased a condo in a development that is 5 years old and was just turned over to a new management company. We now learn that we are in deficit, have no reserves and have unpaid bills. Many owners are delinquent, and some have never paid their fees the past five years. Last week the homeowners were informed that our fees will increase substantially to raise the money we need to pay off our debts. As a new homeowner I feel I should not be responsible for past mistakes. Is this legal? What can I do?
Answer: Let the buyer beware! The debts of an association remain with the property and are the obligation of the current owner. When title passes from a seller to a buyer, the buyer assumes the obligation of any debts, past or present. All buyers should ask questions, read the documents and use professionals to assist in the purchase of any common area property. Yes, you are going to have to pay for the poor operations of the past. The good news is that the future looks excellent. If you get the deadbeats to pay their past-due fees and start to pay their current fees, your future fees will be reduced to appropriate amounts. In addition, the community's common areas will be properly maintained and your property values will start to rise.
- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731 or e-mail him at CAMquestions@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an attorney.
Readers may call the state Division of Condominiums Bureau of Customer Service at (800) 226-9101 with questions or requests for materials. You can access the Bureau of Condominiums Web site at www.state.fl.us/dbpr/html/lsc/co_page.html. Or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.