HOA board should take ac­tion on owner’s com­plaint about neigh­bor’s bark­ing dog or face pos­si­ble law­suit

Sun Sentinel Broward Edition - Homespot - Broward East - - FRONT PAGE -

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 Laud­erdale Fort Sales as­so­ci­ate A full­time pro­fes­sional since 2003

My fa­ther was a builder in Michi­gan for many years, and I was al­ways in­ter­ested in build­ing and in­te­rior de­sign. I went to col­lege in Bos­ton to study de­sign. I feel this gives me an edge in help­ing my buy­ers and sell­ers with the ar­chi­tec­tural eye that I have. I feel what I have I live in an HOA where trees on the com­mon area prop­erty have roots that are com­ing on­tomy prop­erty and caus­ing dam­age to my drive­way. Who is re­spon­si­ble for main­tain­ing the trees and dam­age to my drive­way? The first place to look is at your HOA’s dec­la­ra­tion. You should look at the main­te­nance pro­vi­sions to de­ter­mine who is re­spon­si­ble for the land­scap­ing and main­tain­ing the trees. Gen­er­ally, a tree on the com­mon area and not on your lot of land will re­sult in the As­so­ci­a­tion be­ing to of­fer above and be­yond are my Mid­west­ern ethics that I never de­vi­ate from, al­ways be­ing hon­est with in­tegrity. Al­ways putting the de­sires of my buy­ers or sell­ers first.

I have helped many buy and/or sell from Hol­ly­wood north as far as Port St. Lu­cie. My ex­per­tise is the east side and wa­ter­front.

Mo­ti­vated and ex­cited with each new real-es­tate en­deavor.

Find the right pro­fes­sional that you have trust in their re­spon­si­ble for main­tain­ing the trees. How­ever, un­der Florida law, if roots from a tree po­si­tioned on an­other per­son’s land en­croach onto your land, the other owner whose tree roots are en­croach­ing on your land is your re­spon­si­bil­ity. This is gen­eral and I would rec­om­mend con­sult­ing with a com­mu­nity as­so­ci­a­tion at­tor­ney to fur­ther dis­cuss your is­sue. I have lived in my condo build­ing for al­most 20 years and I smoke and have a dog. All of a sud­den, the board passed a rule stat­ing that there is no smok­ing ex­per­tise, and have a good work­ing re­la­tion­ship with.

Try to be re­al­is­tic when you first list your prop­erty, so that you don’t push away any po­ten­tial buy­ers.

I do­nate to my church and to breast can­cer. I have a heavy heart with breast can­cer, as my mother passed away at the young age of 58 with it.

I love watch­ing golf and ten­nis on TV. any­where in the build­ing in­clud­ing my unit. I am now be­ing fined for smok­ing in my unit and be­ing threat­ened with lawyer letters. When Imoved into the build­ing, smok­ing was al­lowed. Is the board able to pass such a rule? Yes and no. The board may pass rea­son­able rules and reg­u­la­tions con­cern­ing the pro­hi­bi­tion of smok­ing in the com­mon el­e­ments, such as a club­house or on the cat­walks. How­ever, a board may not pass a rule lim­it­ing your abil­ity to smoke in your unit. On the other hand, if the smoke is en­ter­ing other units and PROD­UCT DE­VEL­OP­MENT MAN­AGER AD­VER­TIS­ING DE­SIGNER SPE­CIAL SEC­TIONS WRITER SE­NIOR SALES MAN­AGER REAL ES­TATE AC­COUNT EX­EC­U­TIVE in­ter­fer­ing with those unit own­ers’ abil­ity to en­joy their unit free of smoke, then those own­ers may have a case against you. Dogs are al­lowed in our build­ing; how­ever, my neigh­bor’s dog barks all the time and even all night. I com­plained to the board and they do not do any­thing. Is there any­thing I can do? I would rec­om­mend send­ing your con­cern to the board via cer­ti­fied mail re­turn re­ceipt re­quested. If the As­so­ci­a­tion does not take any ac­tion to at least no­tify GAR­RETT A. FOSTER DEB­O­RAH DOCHERTY TRACY KOLODY ARIEL GON­ZA­LEZ TANYA PLATH 954-425-1642 954-425-1029 954-425-1695 954-425-1053 954-425-1517 the owner that their dog is caus­ing an an­noy­ance to other own­ers then, as an owner, the next step gen­er­ally would be for you to take le­gal ac­tion against the As­so­ci­a­tion for fail­ing to en­force the As­so­ci­a­tion’s gov­ern­ing doc­u­ments and/or rules and reg­u­la­tions con­cern­ing nui­sances.

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