In a situation wherein a person refuses to pay maintenance fees, what can be done? Every time we ask whether we can cut off snow removal from the person's driveway, we are told that it could be considered a 'grey area.' What if the person slips and falls? Will they sue the snow removal company? Will they sue management? We asked counsel if we could put up a notice on the main entry doorway to alert others of the person's default, hopefully embarrassing them into paying, but we were then told that this too could be a grey area. We have also gotten notice that this home has gone into foreclosure but it's taking an extremely long time. It has been almost three years. The person does not even work, so we cannot garnish wages. They are not tenants, so we cannot have them evicted. They will not take phone calls. They ignore every effort. We hired a collection company, only to see it give up. What can we and others in this type of situation do?

—Between a Rock and a Hard Place

“The association can commence its own foreclosure,” Melissa A. Volet, a shareholder attorney at the law firm of Stark & Stark in Lawrenceville. “The association may complete its foreclosure action long before the bank completes its foreclosure action. While the association’s foreclosure is pending, there are additional collection options available to pursue. Does the unit owner park a vehicle in a common area parking lot? If so, you can tow the unit owner’s vehicle. Is the unit owner’s vehicle owned or leased? If owned, you can levy the vehicle, and it would be sold at auction. We find this combination of collection efforts to be an effective approach. You can discuss these methods with association counsel to ensure they are carried out in full compliance with statutes and association’s governing documents.”