QUENTIN ROUX / Staff

Attorneys Rob Samouce and Bob Murrell, left and right, talk to people who attended their address to the Marco Association of Condominiums on house rules, collections and damage issues. Center are MAC Secretary Pat Irish, left, and president Al Homann.

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Condominium liens and foreclosures in the area are on the increase, and the immediate outlook with all its ramifications remains gloomy.

That’s the message from attorney Bob Murrell, who along with colleague Rob Samouce, addressed the monthly meeting of the Marco Association of Condominiums on this issue as well as house rules and damage issues under high deductibles.

“I’d love to tell you that everything looks bright and rosy for the future, but it doesn’t right now,” Murrell told a group of about two dozen condo association owners and directors.

“Everybody keeps saying: ‘when’s it going to end?’, but I don’t know of a law firm that hasn’t added new people just to handle the lien process,” he said.

Murrell said it’s been tough enough for established communities, but especially so for newer communities if they’d had a lot of “flippers” during the boom times.

When the downturn manifested itself, he said, the law firm he represents began to handle about 15 to 20 liens a day instead of a whole month.

“Now we’re beginning to see people who’ve owned properties for some time struggling, and being late with their payments.”

The situation is being exacerbated by banks, Murrell added, because they simply don’t want any more units, and are holding off because they don’t want to pay assessments.

“Somewhere in there, the association(s) has to make the decision on foreclosure or to hold off,” Murrell said, adding that the average cost to associations for foreclosures is in the region of $3,000 to $4,000.

On another topic, attorney Rob Samouce talked about enforcing house rules, suggesting that in many cases it is advisable for associations to start with a letter from the board requesting compliance.

If unsuccessful, the next step should be soliciting letters through attorneys.

“These letters usually get about 99 percent compliance,” Samouce said

On a question from the floor, Samouce said introducing no-smoking rules at pools should be preceded by poll among community members.

Turning to short-term rentals, Samouce said that the legal provision is for no more than three a year of less than 30 days.

“Otherwise,” he said, “the building could be considered a public lodging, and would have to comply with all the fire safety and handicap accommodations, which are extra as applied to public lodgings.”

On a third subject, Samouce talked about insurance deductibles, and a post-2004/5 hurricane season ruling that associations be responsible for repairs to outside as well as inside damage.

But, he said, that rule might change down the line, and if condo associations so wish, they could opt out and revert to their previous documents pertaining to deductibles.