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Tuesday, November 10 2009 @ 12:48 PM Central Standard Time
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Whether you’re the owner of the Miami condo or a member of the board, it’s tough to deal with delinquent condo owners; tougher still the job of an association board member. You and your group are responsible in ensuring that everything within the building is operational; and to do this, you have to collect monthly fees, which can be difficult if your neighbors refuse to pay their dues. Continuous delinquencies can pull down the entire association and building into financial plight. So to avoid this, here are some tips to deal with deadbeat condo owners.
1. Deal with the problem urgently
Once a Miami condo owner fails to pay his or her dues, you and other board members should act quickly and stand ground. Inform the delinquent owner about the financial responsibilities of owning a condominium, and that each has to pay not only out of obligation but for fairness to other homeowners who are paying regularly.
2. Ask for professional advice
As a volunteer, you don’t have to pressure yourself into convincing the delinquent Miami condo owner to pay the dues. You must realize your own limitations and seek professional advice from accountants, lawyers and specific agencies. If the association is facing financial troubles, don’t discuss the problem outside of the board meetings. Act professionally and stay professional when dealing with the problems.
3. Special assessment
Special assessments are sometimes needed to supplement expenses and projects. In Florida, the act of imposing special assessments is embodied in home rule authority. Like other condo boards, special assessments are used as a crisis management tool to cover uncollected dues. However, you should think about the other homeowners who are diligent in their payments. Imposing special assessments mean they will be obligated to pay for the delinquencies of the other condo owners.
4. Proceed to court
Small claims courts are useful for this type of situation. If you still cannot collect the fees, you have the option to take the property owners to court, depending on the amount. This will allow the board to obtain a judicial order, which will further permit them garnishee assets. Unfortunately, this move is only useful for owners who actually have worthy assets for garnisheeing.
5. Lien
Lastly, if you still cannot have the defaulter to pay the Miami condo fees, you and the board have the option to file for a lien, which is a claim that guarantees debt payment from the profit of the property sale. This will prompt the property owner in question to start getting his or her act straight and imply to other owners that the board is serious in gaining the default payments.
Mark Michael Ferrer
Miami Condos |
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