Bogen’s [re]solutions for a Happy HOA NewYear
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, also is 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 question, email it to column@CondoLaw.com. How long in real estate: 26 years What made you get into real estate? A desire to run my own business while engaging the public to fulfill their goal of finding the perfect home. What separates you from other Realtors? A desire to make every transaction the best possible experience for every client. At DND Associates our business is about developing personal relationships and referrals. I also have an accounting background so I keep a numbers perspective with all of our clients. Which neighborhoods/ areas are your specialty? Typically from Atlantic Boulevard to Harbor Beach, along the Intracoastal and the beach. However, our team works in many other communities and speaks multiple languages.
Describe your working My father,
Mark Bogen, who spent several years as the previous author of this column, started his New Year’s column each year with the following tips for those involved in community association living:
After writing about Florida condo law for the past [several years], my annual New Year’s Resolutions to all unit owners, managers and board members is my favorite column. Sometimes Florida Condominium Law and Chapter 718 of the Florida Statutes need to be put aside for some common sense [re] solutions.
I hope you will agree with some of the following New Year’s Resolutions:
For those board members and managers who spend their time looking for unit owner violations— get a life.
Try saying “thank you” to those board members who volunteer their time. style: Personal, high attention to detail and goal oriented. We are available seven days a week. What advice do you have for buyers? With the market changes in the last few years, we are definitely in a seller’s market. Overall, the market is strong and is expected to remain at these levels. If you have decided to buy a home now is the time. What advice do you have for sellers? If you have been waiting to relocate as the market had been slow, now is a good time to sell your home. Updated homes are selling quickly and at great prices. How does what you’ve learned about real estate help your clients? My experience has provided a great depth of knowledge about the local and international market. We are less emotional about the actual purchase or sale and are able to
If you think things are so bad, volunteer your time and help out.
Before running to a lawyer, try working it out—it’s cheaper.
The management company takes direction from the board, not the owners.
To the one owner who always has to speak at every meeting— please zip it.
To the board member who thinks he or she can do whatever you want—vote him or her out.
Before signing a contract—let your attorney review it.
Rules and Governing Documents are not meant to be broken.
If you do not like following rules—do not live in an association.
If you do not like your neighbor or fellow owner—can you pretend to?
To the vendors who want you to sign a contract immediately—just say goodbye. point out the logical, business side of buying or selling a property. This will provide a level and successful transaction for both buyer and the seller. What professional accomplishment makes you the most proud? My appointment to Vice President, Broker at ONE Sotheby’s International Realty. Are you involved in any charitable organizations? Through ONE Sotheby’s International Realty we have relationships with Women in Distress in Broward 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
To those who like loud music and TV—shut your windows and get headphones.
To smokers who smoke in their units—shut your windows.
Before you defame someone— make sure you are prepared to be sued.
Don’t just ask a vendor for references—call some of them.
To the person who always disrupts a meeting—give it a rest.
If you are speaking for more than 5 minutes—ask yourself if anyone cares.
To the “Condo Commando”—you need to be recalled, kicked off the board.
If you came to Florida to retire— try acting like it.
If an owner is violating the Governing Documents—try first sending a nice letter rather than one from an attorney.
To those owners who think County and Lotus House in Dade County. DND Associates has working relationships with PAWS and Funding Arts Broward (FAB!) What’s one thing people would be surprised to know about you? As a child, I lived in Japan. I have also traveled to 50-plus countries and territories, and I hope to visit many more. Contact information: (954) 592-2277, DNDFloridaHomesbytheSea.com or ONESothebysRealty. com
GARRETT A. FOSTER
MICHAEL D. ROSS
MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 everyone on the board is getting a kickback—just admit it that you want a piece of the pie.
To the owner who thinks he or she can do whatever they want— move back up North where you came from.
To the board member who will not let unit owners see the official records—sooner or later you will get caught.
To the board member who uses association money for their own personal use—get used to living behind bars.
A manager works for the board, not as your personal slave.
When you are rudely complaining to the association manager, do you know what he or she is thinking about you while you are talking?
Remember, sometimes the way you say it is more important than what you say!
Wishing you a Happy and Healthy New Year in 2015!