Association Manager

Barbara,

Are you on the Board?

The association manager can't foreclose, only your lawyer can do that. You will want to make sure you have enough money to pay the lawyer you (you, meaning the board) retain.

> I have asked to see the yearly financial records for 2013, but she did not understand what I was talking about, so I did not receive the record.

Assuming the board is on board with you- the manager needs to be gently reminded who he works for. If gentle reminders don't work, try ungentle.

Barbara,

Since your on the Board, you may need (with support from other Board members) to remind the MC/PM that the MC/PM works for the Board (not the other way around).

The other issue is, perhaps the MC/PM is telling you the truth and the Association can't afford it. Do you have a good understanding of what the financial health of the Association is? The delinquency rate? The status of your Reserves? If not, is it because the financial reports are not telling you?

If the financial health of the Association is questionable, is the Association using only contractors recommended by the PM/MC or are you actively seeking bids from all contractors who can accomplish the tasks (I ask this because we were able to save over $9,000 per year when we last bid out our trash/recycling contract)?

As others have pointed out, the first step in foreclosure is to file a lien. Then after an appropriate amount of time (laws vary by State so you will need to check that time limit) you may foreclose on the property. Most Associations utilize the services of their Attorneys to do this (so they are positive that all the appropriate steps (specific notices, delivery of notices, language in the notice, etc.) are followed. If your current attorney is too expensive for this process, shop around or see if some of the work (filing the lien for example) can be done without an attorney.

The nice thing is that you live in FL. If the unit is rented, you may obtain a court order to have the rent paid directly to the Association to bring the account current.

So you asked only once? and even though you think they didn't understand, your looking for recourse options? You signed a contract with them didn't you? Then fire them. I don't understand why your asking what your options are at this point, unless there is more to the story. If this is the whole story, you'd best get a new PM because they have probably screwed things up for your association.

AS the others said, they work for the board and cannot refuse any board members request, unless there is a distinct chain of command and they only take orders from the President. (which is likely).

You can not foreclose on an active duty military person while they are on duty or overseas. There is protection rights involving that. You can file a lien and then foreclose on it pretty quickly. I just don't see why you would do that. Maybe I am just not that cruel to someone not to give them atleast 6 months to catch up or to communicate. Plus during that time the bank could be in process of foreclosing. The bank always getting paid first and foremost whether the bank or HOA does the foreclosure. There are some states with "Super Liens" that the HOA is on the SAME level of the bank, but your still splitting hairs at that point.

Who wants to be the HOA who forecloses on a soldier? They get low pay and when they come back, I would expect a payment plan being setup before any kind of legal action takes place. It's just common courtesy as well. Not every situation is equal and deserving of foreclosure. Hence why I say "CONSIDER" foreclosure after a year. Too many scenarios to say when and if a foreclosure is the right thing to do. Just don't jump into foreclosure without looking.

I just went back and reread the whole thread. As Richard pointed out, there is nothing there that the individual is a member of the military (on active duty or otherwise). This point came from Melissa. Although the point of Judaical proceedings being stayed is accurate, it may not be relevant to the OPs issue.

Barbara's manager said that the Association couldn't afford to foreclose. That is different than the individual who is behind is part of the military.

BTW - to answer's Melissa's question, I wouldn't have to foreclose. Having served in the military, I know that there are much easier ways to have a member of the military fulfill their financial obligations.

I would also like to point out, based on actual experience, that it is possible that a member of the military reserve called to active duty may (or may not) have a higher take home pay than they were receiving in the civilian sector. This is mainly due to the fact that military allowances are not taxed.
Granted, it depends on the individuals rank or rate, but military pay today is not the same as it was in the past. NOW MILITARY BENEFITS (other than pay) ARE A WHOLE DIFFERENT STORY

Melissa

I would highly recommend you stop giving advise on a subject that you clearly have no experience with!

These statements are very general and, because of that, I have a few issues with them. Directors should always do their due diligence and research first, but there is no reason to not go into a foreclosure thinking those things if the research bears it out. The important thing to remember is that the Board needs to make an informed decision on the foreclosure.

Foreclosure is something that one must enter into with their eyes open and their homework completed. As Melissa points out (and others have also), foreclosing is typically considered a final method to stop the bleeding.

Now, one thing that is unique to FL is that FL law specifies that the new owner incurs the Assessment debt of the previous owner (unless it's the bank who takes the property in a foreclosure). Additionally, FL law allows the Association to collect the rent (if the property is rented) to make sure the assessment is paid. Since the OP is from FL, I think it's important that this be brought up.