In my journeys through the community association world I go to a lot of conferences, seminars, board meetings and read hundreds of articles about how to best manage and govern a community association.  It has almost become a cliché that communication is the most important aspect in managing an association.  While I don’t disagree, I also believe that information and facts are just as important and it is a commodity that is sorely lacking. Plainly stated Solid Information Is Critical

After Loss in Appellate Court where Lender Did Not Act Properly
Significant and Historic Victory for Condos

Miami, Florida (May 15, 2014) The Florida Third District Court of Appeal recently ruled in favor of the Alden Hotel Condominium Association against Federal National Mortgage Association (Fannie Mae) requiring Fannie Mae to pay the association nearly $100,000 plus attorneys fees and costs, following an appeal during a non jury trial.

Dear Collections Guy:

After four years a bank has foreclosed on a unit in our association that has not paid maintenance fees all that time.  We thought that when the bank took title the situation would improve, but now we see that the bank is not paying the dues, what can be done?

Signed,

Frustrated in Florida

I recently posted a question on a few social media groups that are exclusive to the community association.  In this question I asked; “How can the good paying members of a community association know who is delinquent in paying their maintenance fees?” It was a simple enough question, or so I thought, because the response was plentiful and a heated debate ensued.

Many felt that such information was not and should not be available to the members of the association.  Others pointed out that in some states financial information, regardless of its content, must be made available to every member by statute. Some felt that it was a violation of the FDCPA (which is not so because a first party creditor (the association) is not subject to the FDCPA).  So as far as the access to such information I would say that every state and almost every association needs to look at their bylaws as well as their local community association laws.  So access is still a debatable issue, and I was not surprised by the responses.  What came next, while not totally a surprise and to a large extent sad.