Who con­trols ‘limited com­mon el­e­ments’ con­tained in as­so­ci­a­tions’ gov­ern­ing doc­u­ments

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 Law.com Re­al­tor des­ig­na­tions: Bro­ker Re­al­tor How long in real es­tate? 25 years What made you get into real es­tate? My fam­ily and my best friend were in real es­tate. Also, I like help­ing peo­ple to find their dream homes. What sep­a­rates you from other Real­tors? I am ded­i­cated to pro­vid­ing my buy­ers and sell­ers with un­di­vided at­ten­tion to de­tails and a work ethic of pro­fes­sion­al­ism with in­tegrity. Which neigh­bor­hoods/ar­eas are your spe­cial­ties? Co­conut In our build­ing, there are cur­rently a num­ber of util­ity clos­ets that house air con­di­tion­ers and wa­ter heaters. The board has de­cided to keep these util­ity clos­ets un­locked in or­der for main­te­nance to gain quick ac­cess to an air con­di­tion­ing unit or wa­ter heater if there is a leak or mal­func­tion. How­ever, I’m wor­ried about other peo­ple ac­cess­ing these util­ity clos­ets for the pur­pose of caus­ing mis­chief. What can we do? The board may pass rea­son­able rules and reg­u­la­tions gov­ern­ing the com­mon and limited com­mon el­e­ments. As­sum­ing these clos­ets are Creek, Coral Springs, Hills­boro Mile, Deer­field Beach, Park­land and all of Boca Ra­ton De­scribe your work­ing style: I lis­ten to the wants and needs of my buy­ers and sell­ers and map out a plan of ac­tion. Com­mu­ni­ca­tion is very nec­es­sary in the com­ple­tion of the real es­tate deal plus, of course, knowl­edge of the mar­ket. What ad­vice do you have for buy­ers? Get qual­i­fied with a mort­gage bro­ker be­fore you look at prop­er­ties. What ad­vice do you have for sell­ers? The most im­por­tant ad­vice is com­mon or limited com­mon el­e­ments, the real ques­tion is how rea­son­able of a rule the board passed con­cern­ing the un­locked clos­ets. I would voice your con­cern at a board meet­ing and by let­ter via cer­ti­fied­mail to the board. If the board’s con­cern is for­main­te­nance per­son­nel to gain ac­cess in the case of a mal­func­tion, then maybe you could rec­om­mend that the main­te­nance per­son­nel be given a key to these clos­ets. The board re­cently en­tered into a con­tract with a new ca­ble and in­ter­net com­pany. Must the own­ers ap­prove this agree­ment? to price your prop­erty cor­rectly right from the start. And of course, make it look mar­ketable. Clean out the clut­ter! Are you in­volved in any char­i­ta­ble or­ga­ni­za­tions? Yes, my daugh­ter, Kristy, who also is a Re­al­tor had a kidney transplant five years ago, my son was the donor. We are so thank­ful for great re­sults. We are get­ting in­volved with “The Lead­ing Ladies,” a char­ity that works to­ward do­na­tions for Univer­sity of Mi­ami re­search for kidney dis­ease. What’s one thing peo­ple would be sur­prised to know about you? I was No. How­ever, at the next own­ers meet­ing, any owner may make a mo­tion to can­cel the con­tract. If a ma­jor­ity of the own­ers vote in fa­vor of the­mo­tion to can­cel the con­tract, the con­tract will be can­celled. This vote­must oc­cur at the next sched­uled own­ers meet­ing. If the vote fails or no one makes a mo­tion to call for a vote to can­cel the con­tract, the con­tract may not be can­celled. What are “limited com­mon el­e­ments” and who owns the “limited com­mon el­e­ments”? first run­ner-up to Miss USA World and worked in Chicago as a model and ac­tor do­ing TV com­mer­cials. Full dis­clo­sure: It was quite a few years ago! CALL Sally Ann Carl­son, Re­gency Realty Ser­vices, (561) 212-2778 • EMAIL sally­acarl­son@aol. com • VISIT Re­gen­cyFlorida.com Com­mon el­e­ments are part of the as­so­ci­a­tion prop­erty that may used and also are owned by all own­ers. Each unit owner owns a cer­tain per­cent­age of the com­mon el­e­ments. For ex­am­ple, the roof on the build­ing is a com­mon el­e­ment be­cause all own­ers ben­e­fit from the roof. On the other hand, the car­pet in your unit only ben­e­fits you and not the other own­ers. As a re­sult, the car­pet is not con­sid­ered part of the com­mon el­e­ments.

So what are these things called the “limited com­mon el­e­ments”? They are parts of the com­mon el­e­ments that are still owned by all unit own­ers but only may be used by 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 one or a cer­tain num­ber of own­ers. For ex­am­ple, a com­mon part of the as­so­ci­a­tion that is deemed a “limited com­mon el­e­ment” is an owner’s bal­cony. Although the bal­cony is part of the com­mon el­e­ments, many as­so­ci­a­tions deem the bal­cony a “limited” com­mon el­e­ment be­cause only the owner whose unit is at­tached to the bal­cony is able to use it rather than all of the own­ers in the as­so­ci­a­tion. De­pend­ing on their gov­ern­ing doc­u­ments, some as­so­ci­a­tions make limited com­mon el­e­ments the re­spon­si­bil­ity of the own­ers to main­tain and other as­so­ci­a­tion doc­u­ments make it the as­so­ci­a­tion’s re­spon­si­bil­ity to main­tain the limited com­mon el­e­ments.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.