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FOAMING AT THE DRAIN

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By RICHARD WHITE

Tribune correspondent

Published: March 29, 2009

I am a senior citizen - 77 years old. The owners on the floor above me installed a washing machine from which suds and water come into my apartment through the wastewater drains. I reported the problem to the manager but nothing has been done to correct the problem. We have laundry rooms in the building but, of course, people prefer to have their own machines.

HS

Miami Beach

Many older buildings were not constructed with plumbing drain lines to carry garbage disposal or washing machine wastewater. If you check your documents, they may contain such exclusions.

I would suggest that you send a letter to the board of directors and to the owners of the washing machine concerning the problem. Since the building has common-area washers and dryers, I assume that it does not have adequate drain lines. Your board needs to review the matter and take action to have the owners remove the washer or have a plumber correct the drain system.

I am the board president of a condominium association. We have two owners who are habitually delinquent. We followed your advice for having a strict and rapid collection policy, and the delinquent accounts have been sent to an attorney. A claim of lien has been placed on both units. The owners have not responded.

You have always advocated to bite the bullet and foreclose. Do you still advocate that, given the economic climate?

DS

Fort Myers

My suggestion of fast and rapid legal action, including liens and foreclosure, is to get delinquent units and homes paying as fast as possible. In today's economy, with the large number of foreclosures, each delinquent account must be evaluated as to the best way to proceed.

You established a strict and rapid collection policy and, I hope, had it approved by your attorney. In the past, I have recommended a series of letters be sent to the owner as the account becomes increasingly past due, then turning the matter over to the attorney to lien and foreclosure.

Since the statutes have been changed and require a 30-day notice, I recommend a slightly different policy: send one letter when the account is 10 days past due, and a certified letter at the 30-day mark. Turn the matter over to your attorney at the 60-day point.

The benefits of the strict collection policy are twofold - if you make sure everyone is aware of the policy. Your paying owners will know you are trying to protect their interests and delinquent owners know that you will take action if they do not remain current.

Even in today's economy, that action may be swift foreclosure. Remember, the object is to get delinquent units paying as fast as possible. Say you have a unit that is being foreclosed on by the mortgage company and you have title to the unit because you foreclosed first. You have several options (this must be discussed with your attorney): You can rent the unit to recover the legal costs and the delinquent amounts, you can contact the bank and see whether it will take the title and begin to pay the fees, or you can sell the unit, maybe by a short sale with the bank's approval.

One good thing about foreclosing on a unit or home is that the association will not be obligated, or suffer damage to its credit rating, if it does not make mortgage payments. The association is not on the note.

The key to your question is that each case must be evaluated before proceeding to foreclosure; you must discuss each situation with your attorney.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115; or e-mail

camquestion@cfl.rr.com.

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