Board not in­volved in sale of fore­closed con­dos, which are sold at auc­tion

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, 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

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 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.

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