Laws regarding installation of hurricane protection

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 Current home: Coral Ridge Country Club of Fort Lauderdale for the past 15 years How long in real estate? 26 years What made you get into real estate? A desire to run my own business while helping 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. The board sent a letter to me saying that I was not allowed to install hurricane shutters to protect my condo unit. May the board prevent the installation of my hurricane shutters? Florida law states that a board may not refuse to approve the installation or replacement of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a unit owner so long as the such hurricane protection conforms to the board’s specifications for such hurricane protection. The board has implemented a rule stating that all ownersmust upgrade their windows and sliding glass door to impact glass. There Describe your working style: Personal and goaloriented with high attention to detail. 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. We are averaging a 4.8-month supply of single-family homes on the market, enough inventory to make a good choice. What advice do you have for sellers? If you have been waiting to relocate when the market was slow, now is a good time to sell your home. Updated homes are selling quickly and at great prices. The average sales price year over year for singlefamily homes is up by 4 percent. 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 markets. We are less emotional about the actual purchase or sale and was no amendment to our declaration or bylaws; the board simply enacted a rule on its own. If the association forces me to upgrade my glass, it will costme thousands of dollars. Is this legal? It depends on what is stated in the association’s declaration. If it is the association’s responsibility to maintain, repair, and replace hurricane impact windows and doors, then the board may decide to upgrade the windows and doors to hurricane impact glass and pass a special assessment for such installation. However, if the declaration does not state that the association is responsible for the maintenance, repair, and replacement of the hurricane impact windows and doors, the board is required to obtain a majority vote of the owners to upgrade the glass to hurricane impact glass. One are able to point out the logical, business side of buying or selling a property. This will provide a level and successful transaction for both the 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 County and Lotus House in Dade County. DND 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 thing to keep inmind is that owners who have already upgraded to hurricane impact glass that is up to code at the time the board institutes its hurricane glass upgrade will be entitled to a credit against any special assessment for the glass upgrade. In other words, such an owner will not have to pay for such a special assessment. Not necessarily. Under Florida law, the board has almost an absolute right of entry into your unit for maintenance and repair purposes or to prevent damage to the unit. Unless there is an emergency, the association must give an owner two days’ written notice prior to entering their unit. 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 and I have traveled in 50-plus countries and territories. CALL Dennis Stevick, DND Associates at ONE Sotheby’s International Realty, (954) 592-2277 • VISIT DNDFloridaHomesbytheSea.com or ONESothebysRealty.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 Is a realtor entitled to our association’s budget? What about a ledger for a particular unit? Only an owner, whether the owner himself or herself, or a person designated by the owner in writing, may obtain a copy of the association’s budget. A realtormay not obtain a ledger on a unit unless the realtor has written approval from the owner to obtain such ledger.