Unit Owners EmeraldBay Condominium Association
Subject: Report from the Board of Directors
Dear Unit Owners,
As you know, the real estate industry in this country is undergoing a crisis, with Florida and California among the most affected. Many owners have not been able to keep up with their mortgage payments and many properties are being foreclosed by lenders.
While we at The EmeraldBay have not been immune to this crisis, so far the unit owners who have fallen behind on their payments are few in number and there have been only two units foreclosed on.
Nevertheless, we are facing some loss of revenue to our approved budget because when a unit gets foreclosed, the Association receives only the equivalent of six months of maintenance, or 1% of the value of the mortgage whichever is less, and usually this is less than the amount owed in unpaid maintenance. So far we have been able to absorb such losses by reducing our controllable expenses and we have therefore not had to resort to a Special Assessment to cover the short fall.
The Board of Directors has the fiduciary responsibility to prudently manage the resources of the Association. We want to assure you that we are doing our best, in conjunction with our Manager Ms. Susie Pennell, to manage this situation. We will continue to monitor developments and keep you informed.
As we look for ways to protect the Association from possible future losses, we have determined in consultation with our attorneys that a change in the rental lease agreements used in our building is in our best interest.
Therefore, effective immediately all rental leases for units in our building will require that both the owner and the renter sign an addendum whereby both agree that if the owner falls behind on maintenance or assessment payments, the renter will be required to make future rental payments to the Association instead of to the owner until the owners maintenance is brought current. This will provide legal authority for the Association to recover any maintenance due from rental monies, remitting to the owner any remaining balance.
For the Board of Directors, Nicolas Valls, President