Board meeting notices must be posted 48 hours before a meeting, unless association rules say otherwise
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 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. ! # $ LHermitage.com
GARRETT A. FOSTER
MICHAEL D. ROSS
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.