Board meet­ing no­tices must be posted 48 hours be­fore a meet­ing, un­less as­so­ci­a­tion rules say oth­er­wise

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 How long in real es­tate? For over 35 years I have been work­ing with in­ter­na­tional and lo­cal buy­ers, sell­ers and in­vestors in real es­tate trans­ac­tions through­out South Florida. What made you get into real es­tate? My pas­sion for find­ing my clients their dream homes be­gan when my chil­dren started go­ing to school. I started with pre-con­struc­tion sales at Aven­tura and Turn­berry Isles. Since then I’ve en­joyed a re­ward­ing ca­reer of re­peat cus­tomers/re­fer­rals that have had me en­thu­si­as­ti­cally con­tinue in real es­tate through­out South Florida. What sep­a­rates you from other Real­tors? I treat my clients like the friends and neigh­bors that they are. I am flu­ent I have proof that the board has been se­lec­tively en­forc­ing rules in our HOA. May I sue the board based on the fact that they se­lec­tively en­force rules? I per­son­ally have not been af­fected but I am­sick of see­ing the board treat peo­ple dif­fer­ently. Gen­er­ally, in order to take ac­tion, you must have suf­fered some type of dam­ages, such as pay­ing­money to cor­rect some­thing or some type of prop­erty dam­age. Here, since you have not suf­fered any dam­ages, you most likely would not pre­vail in su­ing the HOA. How­ever, as­sum­ing that you were be­ing af­fected by in English, French and Span­ish. I spe­cial­ize in the full man­age­ment of my clients’ real es­tate trans­ac­tions from start to fin­ish, in­clud­ing outof-town own­ers. I en­joy col­lab­o­rat­ing with other agents to fi­nal­ize deals and I never com­pete with my clients. Any­one who knows me will at­test to the fact that I am pas­sion­ate about real es­tate. Which neigh­bor­hoods/ar­eas are your spe­cial­ties? South Florida beach­front con­do­mini­ums and lux­ury wa­ter­front homes. I have been help­ing clients for decades in se­cur­ing and sell­ing lux­ury prop­er­ties from Mi­ami-Dade to Palm Beach coun­ties. De­scribe your work­ing style: I work hard, am a team player, truly care about my clients and the se­lec­tive en­force­ment of rules by the board, the first step I al­ways sug­gest is to send a cer­ti­fied let­ter to the board de­scrib­ing the is­sue and give them a deadline to rem­edy the is­sue. If that does not work, I would sug­gest hir­ing a lawyer to de­ter­mine the vi­a­bil­ity of your case. The first step in tak­ing ac­tion against an HOA is send­ing a manda­tory me­di­a­tion let­ter that re­quests the board to re­spond in agree­ing to me­di­a­tion be­fore any law­suit is filed. If the board or owner does not re­spond to a me­di­a­tion pre-suit let­ter, then me­di­a­tion is waived and the board or owner may pro­ceed di­rectly to court with a law­suit.

love what I do. What ad­vice do you have for buy­ers? Find a Re­al­tor you can trust, who is ex­pe­ri­enced, who is out for your best in­ter­est, and who un­der­stands your needs. Do not pass up a good op­por­tu­nity in a lim­ited mar­ket. What ad­vice do you have for sell­ers? Sim­i­larly, find a Re­al­tor who is trust­wor­thy. You should never feel pres­sured to make a de­ci­sion hastily with­out be­ing fully guided through the process by an ed­u­cated pro­fes­sional. Are you in­volved in any char­i­ta­ble or­ga­ni­za­tions? I am mostly in­volved in lo­cal char­i­ta­ble drives that as­sist un­der­priv­i­leged chil­dren and fam­i­lies. I also do pro bono work and di­rectly give to Our condo board al­ways posts no­tices of board meet­ings only two days be­fore the meet­ing. Also, the­meet­ing no­tice has an agenda that al­ways says ei­ther “old busi­ness” or “new busi­ness”. The own­ers never know what the meet­ing is about be­cause the no­tice and agenda are so vague. Does the board need to post the meet­ing no­tice fur­ther in ad­vance? Does the board need to be more spe­cific in the meet­ing no­tice and agenda? Florida states that no­tices for meet­ings of the board of di­rec­tors only have to be posted 48 hours prior to ameet­ing, un­less oth­er­wise stated in

those in need. What’s one thing peo­ple would be sur­prised to know about you? Most peo­ple know me as Shirley the Re­al­tor. I am able to keep my life bal­anced, and I know that my life is a gift. I am hap­pily mar­ried for decades to the most amaz­ing man in the world. I have two won­der­ful sons, one is a pro­fes­sor of com­mu­ni­ca­tions at Cal­i­for­nia State Univer­sity Northridge and the other works as a part­ner in my firm, The an as­so­ci­a­tion’s gov­ern­ing doc­u­ments. Fur­ther­more, there are cer­tain sit­u­a­tions where more no­tice is re­quired, such as a 14-day no­tice re­quire­ment for meet­ings at which the board will vote on a spe­cial as­sess­ment. The gen­eral rule for post­ing no­tices is 48 hours; how­ever, some as­so­ci­a­tions may have a dif­fer­ent re­quire­ment, such as post­ing the no­tice for a board­meet­ing 72 hours in ad­vance of the meet­ing. In ad­di­tion, Florida condo law re­quires that all no­tices of board­meet­ings specif­i­cally iden­tify all agenda items. There­fore, “new busi­ness” and “old busi­ness” is not spe­cific enough. At­tias Group. I am blessed to be able to have such a won­der­ful fam­ily, such won­der­ful friends, and to be able to work at what I love in one of the most beau­ti­ful places on the planet. CALL Shirley At­tias, The At­tias Group at Macken Realty, (954) ' shirley@lher­mitage. ! # $ LHer­






MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 I and a few other own­ers have writ­ten to the board numer­ous times re­quest­ing that a par­tic­u­lar item be placed on the agenda at the next board­meet­ing. We are al­ways ig­nored. Does the board legally have to place an item on the agenda of the next board meet­ing if an owner re­quests it? Un­der Florida condo law, the board­must place an item on the agenda at the next board meet­ing which must oc­cur within 60 days of re­ceiv­ing a re­quest from at least 20 per­cent of the own­ers mak­ing such a re­quest.

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