As­so­ci­a­tion­doc­u­ments­de­finewhat­ap­proval­sare­need­ed­for­cap­i­talimprove­ments

Sun Sentinel Broward Edition - Homespot - Broward East - - CONDO & H.O.A. LAW -

Michael Bo­gen de­votes his le­gal prac­tice to rep­re­sent­ing hun­dreds of con­do­minium and home­owner as­so­ci­a­tions. Bo­gen, who is ad­mit­ted to prac­tice law in Florida, Wash­ing­ton, D.C., and Ne­vada, is also ad­mit­ted be­fore the United States Dis­trict Court in the South­ern and Mid­dle Dis­tricts of Florida. Michael Bo­gen is as­sis­tant ex­ec­u­tive di­rec­tor of the Condo Coun­cil, which pro­vides ed­u­ca­tion to over 1,000 as­so­ci­a­tion mem­bers. If you have a re­lated ques­tion, please send your emails to col­umn@con­dolaw.com.

19 con­dos! It’s been great ever since. What sep­a­rates you from other Real­tors? Any­one that knows me will tell you I am­com­pletely pas­sion­ate about real es­tate. What makes me unique is that I har­ness the power of In­ter­net mar­ket­ing and com­bine that with net­work­ing, cre­ative and com­pre­hen­sive mar­ket­ing and a con­nec­tion with peo­ple that re­sults in sat­is­fied sell­ers and buy­ers. Which neigh­bor­hoods/ ar­eas are your spe­cial­ties? High-end lux­ury ismy spe­cialty, whether it is a sin­gle-fam­ily home or lux­ury condo/pent­house. Prop­er­ties that are on the wa­ter or in prox­im­ity to the wa­ter all along the south­east coast of Florida from Mi­ami to Vero Beach and any high-end in­land ar­eas, such as Co­ral Gables andWe­ston, are the ar­eas that I spe­cial­ize in. The qual­ity of the home at­tracts my at­ten­tion and the at­ten­tion of my client base. De­scribe your work­ing style: I never stop. I wake up think­ing about my clients and prop­er­ties and work un­til it is time to sleep. Ev­ery­thing I do and ev­ery­where I go is about my work and my business. I find op­por­tu­nity ev­ery­where that ben­e­fits my clients. That’smy job. What ad­vice do you have for buy­ers? Fig­ure out what you want in the prop­erty—is it to en­ter­tain, is it com­fort, are there ameni­ties you just must have, how will you use the prop­erty? The more a buyer knows about what they want, the bet­ter the op­por­tu­nity that they will ul­ti­mately find what they are look­ing for in a prop­erty. What ad­vice do you have for sell­ers? Not all Real­tors are alike. Not all com­pa­nies are alike. Be sure you know how your Re­al­tor works—look at their pho­tog­ra­phy, videog­ra­phy and how they showcase your home. To­day, it’s also heav­ily about the In­ter­net. Be sure you know their SEO pro­gram How does what you’ve learned about real es­tate help your clients? My clients tend to be very suc­cess­ful in their re­spec­tive busi­nesses/fields. I am­able to ed­u­cate them specif­i­cally on what it will take to achieve their real es­tate elected or ap­pointed po­si­tion due to his in­volve­ment in a law­suit against the As­so­ci­a­tion. How­ever, when the board must dis­cuss or vote on is­sues con­cern­ing the law­suit, the new di­rec­tor must ex­cuse him­self from the dis­cus­sion and vote. In our condo as­so­ci­a­tion, each unit comes with two park­ing spa­ces. Re­cently, a unit owner sold one of his park­ing spa­ces to another unit owner. Shortly there­after, the unit owner who sold his park­ing space also sold his unit and the in­com­ing new unit owner only had one park­ing space since the sec­ond park­ing space now be­longs to another unit owner. Is the new unit owner able to get the sec­ond park­ing space back from the unit owner who was sold the sec­ond park­ing space? ob­jec­tives. I stay on the cut­ting edge to be able to pro­vide them the in­for­ma­tion they need to make good de­ci­sions. What’s the hottest list­ing you have right now? All of my list­ings are spec­tac­u­lar. I have the sec­ond-high­est list­ing in the U.S., a beau­ti­ful his­toric prop­erty in the Grove and the largest pent­house on Mi­ami Beach. They are all dif­fer­ent and stun­ning in their own right. What pro­fes­sional ac­com­plish­ment makes you the most proud? Be­ing No. 1 inmy field is al­ways my goal. I amNo. 1 for my company in South­east Florida, which means I amthe best. That is good for me and my clients. PROD­UCT DE­VEL­OP­MENT MAN­AGER AD­VER­TIS­ING DE­SIGNER SPE­CIAL SEC­TIONS WRITER SE­NIOR SALES MAN­AGER REAL ES­TATE AC­COUNT EX­EC­U­TIVES Broward and Palm Beach Coun­ties Dade County & Out of Area Gen­er­ally, the park­ing spa­ces in a condo as­so­ci­a­tion are con­sid­ered limited common el­e­ments. Even though it is deemed to be a “limited” common el­e­ment, do not dif­fer­en­ti­ate the “limited” common el­e­ments from common el­e­ments in this re­gard. The park­ing space is still part of the common el­e­ments whether it is “limited” or not. A unit owner may not sell part of the (limited) common el­e­ments. In most cases, a unit owner may al­low another owner to use his park­ing space; how­ever, the sale of the park­ing space is gen­er­ally pro­hib­ited. Each as­so­ci­a­tion’s gov­ern­ing doc­u­ments dif­fer and there­fore this an­swer is only a gen­eral an­swer. Our board has de­cided to spend a to­tal of $50,000 to in­stall a new play­ground in our HOA. Our docs state that the board may not spend more than Are you in­volved in any char­i­ta­ble or­ga­ni­za­tions? My company has a foun­da­tion that sup­ports mul­ti­ple foun­da­tions. I find that if I support them, they have the abil­ity to support so many dif­fer­ent char­i­ties from pro­vid­ing hous­ing, to med­i­cal causes, ed­u­ca­tion and oth­ers. What’s one thing peo­ple would be sur­prised to know about you? I amav­ery strong, fo­cused, pas­sion­ate per­son, but I amalso very in­tu­itive and quite sen­si­tive. It’s an un­usual com­bi­na­tion. Con­tact in­for­ma­tion: Wil­liam PD Pierce, (954) 648-3131, email Wil­liam@Per­fec­tProp­er­tyPur­chases. com GAR­RETT A. FOSTER DEBBY DOCHERTY TRACY KOLODY MICHAEL D. ROSS CHRIS CONNOLLY MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 An owner is cur­rently in the mid­dle of su­ing the As­so­ci­a­tion. The funny thing is that the owner just be­came a board mem­ber. May an owner who is cur­rently in­volved in lit­i­ga­tion with the As­so­ci­a­tion be­come a board mem­ber? Gen­er­ally, yes. The most common rea­sons for a per­son to be in­el­i­gi­ble to be­come a di­rec­tor on the board for the As­so­ci­a­tion is when a per­son is delin­quent in any mon­e­tary obli­ga­tion to the As­so­ci­a­tion, the per­son has been con­victed of a felony and has not had their civil rights re­stored for at least five years, or has been re­moved by the Depart­ment of Business and Pro­fes­sional Reg­u­la­tion (a Florida state agency) from be­ing a di­rec­tor in the past. The per­son who has re­cently be­come a di­rec­tor may not be re­fused his $25,000 in cap­i­tal im­prove­ments for a sin­gle item or pur­pose with­out a vote of a majority of the own­ers. How­ever, our board has de­cided to make two pay­ments of $25,000 to get around the owner vote. Is this le­gal? I would have to re­view your as­so­ci­a­tion’s gov­ern­ing doc­u­ments to give you an ac­cu­rate an­swer. As­sum­ing your doc­u­ments state that the board must ob­tain owner ap­proval if the as­so­ci­a­tion will be spend­ing more than $25,000 for a cap­i­tal im­prove­ment and it also states “for a sin­gle item or pur­pose,” I would likely ar­gue that the play­ground is a “sin­gle pur­pose” no mat­ter how many pay­ments are made and that the board must ob­tain an owner vote. This is a very gen­eral an­swer and you should con­sult a com­mu­nity as­so­ci­a­tion at­tor­ney for fur­ther in­for­ma­tion.

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