Q: Our condo association, which is private, has a situation that seems to be going nowhere. One of the units in the association has been for sale for over two years and the owner has not paid their monthly dues in three-plus years. We as the board filed a lien on the unit, prior to the unit going on the market and one after the unit went up for sale (pre and post). The owner has had all common area privileges taken away (access to the pool, clubhouse) but we still have one lingering issue and that is parking on the street by family members. We can tell them not to park on the street but not sure how to enforce this. Can this be enforced? Also, we are at a crossroads as it seems the unit may stay on the market for some time. We have a lawyer dealing with the liens, but were wondering: As an association board, is there anything else we can do besides wait?

—Frustrated Homeowner

A:“I understand your frustration over this seemingly unending situation, particularly after three years of common charge arrearages,” says attorney Michael W. Merrill of the Boston-based firm Merrill & McGeary. “However, assuming your attorney is experienced and is familiar with the law and the local legal practice, it appears as if the association is doing all that it can.

“For example, you indicate two lien actions have been filed and the owner’s association privileges have been taken away. The unit is currently on the market for sale, I assume by the lender who has taken legal possession. The question is, what else can the association do to expedite a sale of the unit? While the facts are not exactly clear why a sale has not occurred, perhaps the focus of the association's efforts should be with the lender as opposed to the owner. Often, owners in arrears are merely waiting for the foreclosure sale and are not contesting the process. In that case, frequent contact in writing and on the telephone should be made with the lender and the lender's attorney requesting the sale be expedited.

“If the unit owner is the main impediment to the resale of the unit, then additional pressure on the owner might be effective. In that case, revocation of parking privileges should be considered. If the association's roads are private there may be an ability to prohibit the owner, his family or guests from parking on association roads. The association documents would provide the answer to that question. If the documents are not specific as to this remedy, I recommend the association amend its documents or adopt a new rule and regulation authorizing the board this remedy in the event of a prolonged delinquency. Assuming that is done, notice of the violation would have to be provided to the owner. After notice and continued default the remedies for enforcement would be the implementation of fines and then towing of the vehicle in violation of the rule. An extreme ready would be to file a lawsuit and seek a preliminary injunction against the owner.”