Board not involved in sale of foreclosed condos, which are sold at auction
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? 13 years What made you get into real estate? I fell in love with the “heart and soul” of real estate when I purchased my first home. I found that a real estate transaction is much more than brick and mortar, regulations, and paperwork. It involves the individual, emotional, psychological, and uniquely personal aspects of buying and selling that represent a human part of the equation—all too often ignored by most real estate agents. It is still a magical moment when a client realizes “this is the one,” or says a heartfelt “Thank you, Verna.” What separates you from other Realtors? Absolute honesty and total dedication. I never give up trying to make my client happy and satisfied and I always try to treat them the way I wish to be treated or would want Our condominium association’s new budget for next year has increased by more than 15 percent. I submitted a request to the board for them to consider an alternate budget. Must the board consider my request to consider an alternate budget? An alternate budget will be considered if the board receives a written request for a special unit owner meeting from at least 10 percent of the total units within 21 days after the board has adopted its budget. Our association is foreclosing on an owner for failure to pay their monthly dues. I know someone who is interested in buying the property that is being foreclosed on. Can the board decide to have the property sold to my friend who is interested my loved ones treated. Which neighborhoods/ areas are your specialty? Waterfront/ocean access residences in the tri-county area Describe your working style: Integrity, knowledge, experience and service are the cornerstones of everything I do. I will do whatever ethically possible to satisfy my clients when buying or selling a residence. What advice do you have for buyers? Be honest with your Realtor from the start. What advice do you have for sellers? Learn the facts of the market and be realistic. How does what you’ve learned about real estate help your clients? There are so many facets of a real estate transaction that it can become a very anxious situation for many. in buying the property since the board filed the foreclosure? I’ve found the more I know and understand, the more I am able to empathize with my clients and assist them in the process and relieve their stress. That’s a good thing! What’s the hottest listing you have right now? I have found that every listing has the potential to be “hot” if it is marketed effectively and presented to the right prospects in the best manner. That’s what I do What professional accomplishment makes you the most proud? Thirteen years of satisfied buyers and No. At the end of every foreclosure, the property that is being foreclosed on is set up on an auction site. The way it is sold is similar to eBay. You create an account, set your maximum bid, and cross your fingers for the win. The auction is mandatory. The delinquent owner still owns the property until it is sold at the auction. The board may not choose to bypass the auction process and sell someone else’s property to a new buyer. I emailed a letter to my condo association with some questions I wanted answered. They never responded. Are there any consequences for the board if they do not respond to my questions? sellers. Contact information: For immediate access, call or text me on my cell, (954) 647-7653 or email me at Verna@VernaMiller. com 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 Under Florida law, the board must respond to “written inquiries” within 30 days, in most cases. However, the statute requires that owners send in the written inquiries by certified mail, return receipt requested. Furthermore, in condo disputes between an owner and the association, the winning party in court or in an arbitration proceeding will most likely be entitled to have their attorney fees and costs paid by the losing party. If an owner submits their written inquiry in accordance with the statute and the board does not answer within the 30 days (60 days if a legal opinion is needed), then any litigation arising out of the inquiry basically eliminates the attorney fee and cost rule and prevents the association from recovering any attorney fees and costs if the association wins in any court case or arbitration action.
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 What if the association does not respond to my request to access the official records? What are the consequences then? The association must respond and provide access to the official records within 10 business days after receiving the request. If the association fails to provide access, the association could face up to $500 in damages that will go to the owner, in addition to any attorney fees the owner paid to help them in making their case for the association’s failure to provide access to the official records.