Keeping your hurricane shutters closed – even when there is no storm – should be addressed in association documents

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 in English, French and Span- The board decided to install solar collectors on the roof to save money on electricity costs. However, the board never obtained the vote of the owners before installing the solar collectors. Is such an installation deemed a material alteration to the common elements requiring an owner vote? The installation of solar collectors likely would be considered a material alteration to the common elements. However, Florida creates an exception allowing the board of directors to install solar collectors, clotheslines, or other energyefficient devices based on ish. I specialize in the full management of my clients’ real estate transactions from start to finish, including out-of-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 love what I do. renewable resources for the benefit of the owners without an owner vote. We like to keep our hurricane shutters closed because it keeps our unit cooler. However, we received a letter from the association stating that our shutters must remain open unless a hurricane watch or warning is in effect. Yet, we know of a few other owners whose shutters are closed and the association has not sent those owners a letter. We feel that the association is singling us out. What can we 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 those in need. governing documents or rules regarding when to operate your shutters. I would recommend looking in your docs or rules first. Second, forgetting about what your docs or rules state, the association must treat everyone the same. If you are in violation of some rule and other owners also are violating some rule, the association must take the same action, in this case sending all violating owners a letter. If the association is treating you differently, this may lead to problems down the road for the association. Back to the main issue, I would have to review your docs and rules in order to give a better answer. That is where I would start because such 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 Attias Group. I am blessed to be able to have a statement in your docs or rulesmay clear up whether you may keep your shutters closed or not. We have over 1,000 condominium units in our association. In order to change our governing documents or make any major alteration to our community, we require a two-thirds vote of the entire ownership. This can be close to impossible to achieve. Are we allowed to count owners who do not cast a “yes” vote for the proposed changes in the governing documents? What about the major changes we want to make to our community? 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 DEBORAH DOCHERTY TRACY KOLODY ARIEL GONZALEZ TANYA PLATH MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1053 954-425-1517 954-425-1640 No. In order to count a vote in favor of making an amendment to your governing documents or to make “material alterations to the common elements”, only members that affirmatively vote in favor of such changes may be counted. A way the association may be able to make it easier to reach that two-thirds threshold is for the board, at a properly noticed board meeting, to suspend the voting rights of any owner that is more than 90 days delinquent. Any unit that is suspended is not counted toward the total amount of units required in order to reach your vote.