Non-delin­quent own­ers must pick up the slack for those not pay­ing assess­ments

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. He is as­sis­tant ex­ec­u­tive di­rec­tor of the Condo Coun­cil, which pro­vides ed­u­ca­tion to over 1,000 as­so­ci­a­tion mem­bers.

EMAIL: col­umn@Condo Law.com What made you get into real es­tate? It’s in my blood: Mom was a Re­al­tor, Dad a gen­eral con­trac­tor. What sep­a­rates you from other Real­tors? My very own Liz Cald­well Group mo­bile app (not an “HTML”) and com­mit­ment — they know I love what I do. Also, I’ve been the “Real Es­tate Ex­pert” for Lo­cal 10-ABC news on Satur­day morn­ings. Which neigh­bor­hoods/ ar­eas are your spe­cialty? Rio Vista, Las Olas, Har­bor Beach, We­ston De­scribe your work­ing style: 24/7 and stay­ing on top of the latest news and trends

What ad­vice do you have for buy­ers? Take a deep breath — be ed­u­cated. What ad­vice do you have for sellers? Be re­al­is­tic — we still live in volatile times. How does what you’ve learned about real es­tate help your clients? I lis­ten and they know to come to me for sound ad­vice for all their real es­tate needs. What’s the hottest list­ing you have right now? Har­bor Beach: 1636 South Ocean Drive, of­fered at $2,999,500 What pro­fes­sional ac­com­plish­ment makes you the most proud? My abil­ity to strive to be what my clients ex­pect — I am there for them. Q. Our condo as­so­ci­a­tion had to re­pair a pipe in the wall in my unit. In do­ing so, they had to re­move my kitchen cab­i­nets. Now, my cab­i­nets are sit­ting on my floor and I don’t even know if they can be put back up. Isn’t the as­so­ci­a­tion re­spon­si­ble for putting them back up, or, buy­ing me new sim­i­lar cab­i­nets? A. Un­der Florida law, and most likely your gov­ern­ing

Q. doc­u­ments, the as­so­ci­aWe have many units that tion has a right of ac­cess to each are delin­quent in the unit to per­form its main­te­nance pay­ment of their monthly du­ties. As­sum­ing that it was the assess­ments. As a re­sult, the as­so­ci­a­tion’s re­spon­si­bil­ity to fix board passed a bud­get that inthe pipe in the wall, gen­er­ally, the creases ev­ery­one else’s monthly as­so­ci­a­tion is not re­spon­si­ble for assess­ments. The board stated any dam­age caused while perthey had to do this to make up form­ing its main­te­nance du­ties. for the short­age due to all of the There are ex­cep­tions, such as the delin­quent units. Is this le­gal? as­so­ci­a­tion be­ing neg­li­gent while

A. per­form­ing its main­te­nance duIf the as­so­ci­a­tion’s in­come ties. Another ex­cep­tion would be gets smaller and smaller, some­thing called an “in­ci­den­tal the as­so­ci­a­tion has to get Are you in­volved in any char­i­ta­ble or­ga­ni­za­tions? Ju­nior Wel­fare So­ci­ety —co-chair for “Taste of the Mediter­ranean,” Feb 1, 2014, and co-chair for Broward County Tif­fany Cir­cle of the Amer­i­can Red Cross What’s one thing peo­ple would be sur­prised to know about you? When I grad­u­ated from col­lege I worked for FPL, con­duct­ing home energy sur­veys, dam­age” clause in your gov­ern­ing doc­u­ments that states that the as­so­ci­a­tion is re­spon­si­ble for all dam­age caused while per­form­ing their main­te­nance du­ties whether the as­so­ci­a­tion was neg­li­gent or not. There are many fac­tors to con­sider and it is rec­om­mended you con­tact a com­mu­nity as­so­ci­a­tion at­tor­ney.

climb­ing in peo­ple’s at­tics! CALL Liz Cald­well, EWM Realty In­ter­na­tional, (954) 646-6332 • EMAIL lizb­cald­well@gmail.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 its money from some­where. That “some­where” is the non­delin­quent own­ers. When there are delin­quent own­ers, all of the other own­ers gen­er­ally have to pay ex­tra to make up for that short­age. Un­for­tu­nately, this has been hap­pen­ing ev­ery­where. Q. Each year, our as­so­ci­a­tion sends a let­ter to each owner say­ing that each owner is re­quired to give an an­nual pay­ment of $50. This $50 is not part of the bud­get or any spe­cial as­sess­ment. The let­ter states that this $50 will go to­ward new fix­tures around the as­so­ci­a­tion, for so­cial ac­tiv­i­ties, and for bonuses to as­so­ci­a­tion em­ploy­ees. Is this le­gal? A. Short an­swer: NO. Long(er) An­swer: The as­so­ci­a­tion must in­clude all fore­see-

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 able ex­penses in its bud­get. The own­ers have the right to con­test the pro­posed bud­get and sug­gest an al­ter­nate bud­get. The cor­rect way to col­lect the an­nual $50 fee is to in­clude it in the bud­get. How­ever, another is­sue arises re­gard­ing bonuses. It must state in the as­so­ci­a­tion’s gov­ern­ing doc­u­ments that it may give “bonuses” or “awards” to em­ploy­ees, of­fi­cers, or di­rec­tors. Another is­sue I see here is in re­gards to fix­tures. An added fix­ture may be con­sid­ered a ma­te­rial al­ter­ation to the com­mon el­e­ments. Why does this mat­ter? Be­cause, gen­er­ally, a vote of the own­ers is re­quired in or­der to make a ma­te­rial al­ter­ation to the com­mon el­e­ments, which gen­er­ally in­cludes adding and re­mov­ing fix­tures around the as­so­ci­a­tion, in­clud­ing its lobby.

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