Taking action when the association fails to abide by the bylaws

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? A strong determination to help my clients realize their dreams by finding them the perfect home What separates you from other Realtors? An unrelenting commitment to excellence and professionalism. With an extensive background in news media, I listen to my clients’ objectives very closely and come up with creative solutions to help achieve them. Which neighborhoods/ areas are your specialties? The Landings, Coral Ridge Estates, Lauderdale-by-the-Sea, Sunrise Intracoastal, East Pompano Beach, Palm-Aire Village, Victoria Park, Las Olas, Sunny In our association, there is a bylaw clause against leaving trashcans out on the driveway or anywhere in the front or side of the house. The bylaw clause further states all trashcans must be stored in an area not visible from outside the dwelling. However, many owners keep their trashcans on their driveway or side of the house and the board refuses to enforce the bylaw clause. How can I get the board to enforce the bylaws? The association’s bylaws (and other parts of the governing documents such as the Declaration) are considered a contract between the association and the owners. If the association

Isles Beach and Delray Beach Describe your working style: Positive and productive. Always available for my clients. What advice do you have for buyers? We are in a seller’s market and experiencing an uptick in inventory. Now is a good time to buy. What advice do you have for sellers? Make sure your property is always looking its best for showings. Are you involved in any charitable organizations? Board member of the Children’s Home Society of Florida, Founder of Charity Socials and Fundraising Chairperson for Building Empowerment by Stopping Trafficking fails to abide by the contract (bylaws) by enforcing all of its rules, then the association may be in breach of that contract.

I always suggest sending a letter regular mail and certified mail with return receipt requested to the association lodging your complaint and that you expect the matter to be handled on or before a certain date (be reasonable with your dates). The next step would be considering legal action against the board for failure to enforce its rules. The board insists I must come to the office to view any official records of the association. The board refuses to mail me any re- What’s one thing people would be surprised to know about you? I have interviewed many past Presidential candidates. CALL Nicol Jenkins, Nilsen Realty, (754) 422-7638 • EMAIL nicol.jenkins@hotmail. 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 quested documents up north. What can I do to get the board to mail me the documents I have requested? Under Florida law, the association has no obligation to mail any parts of the official records to an owner. However, if the owner is out of town, the owner may provide an “agent” or someone with authority from the owner to review and obtain copies of the official records on the owner’s behalf. Why do I keep receiving my association notices in the mail? I travel and wish the board would send notices by email. Is there any-

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 By the time you read this, a new law went into effect making it easier for associations to migrate to email notifications. Prior to July 1, 2015, an association may only send official association notices to owners via email if the bylaws allowed email notices and such owner(s) give written consent to receive notices by email. Under the new law, the bylaw requirement was removed. Before this new law, many associations had to go through a bylaw amendment to allow email notices. However, the new law allows the migration from mail to email notices much easier.