Con­do­minium pool can­not be con­verted to salt­wa­ter with­out vote by own­ers ap­prov­ing such a change

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: GRI, mem­ber of the Master Bro­kers Fo­rum of Broward County, Plat­inum Pro­ducer How long in real es­tate? 11 years What pro­fes­sional ac­com­plish­ment makes you the most proud? Af­ter three years of serv­ing on the Griev­ance Com­mit­tee for the Greater Fort Laud­erdale Real­tors, I was asked to sit on the Pro­fes­sional Stan­dards Com­mit­tee. This com­mit­tee me­di­ates or holds hear­ings on ar­bi­tra­tions be­tween Real­tor Other than an an­nual meet­ing, there are no own­ers meet­ing. The only types of meet­ings that are held are board meet­ings. Aren’t a cer­tain amount of “own­ers” meet­ings re­quired through­out the year? Not un­der Florida law, which only re­quires one “own­ers” meet­ing – the “An­nual Meet­ing” – per year. Your as­so­ci­a­tion’s gov­ern­ing doc­u­ments may re­quire a cer­tain num­ber of own­ers meet­ings ev­ery year; how­ever, it­would be un­com­mon. For those who do not know the dif­fer­ence be­tween a “board” meet­ing and an “own­ers” meet­ing, a “board” meet­ing is where the board votes on a mat­ter and an “own­ers” meet­ing is where mem­bers and mem­bers of the pub­lic work­ing with Real­tors. I am pleased to have ac­com­plished that goal. What sep­a­rates you from other Real­tors? My cus­tomer ser­vice, work ethic and strict at­ten­tion to de­tail are un­par­al­leled. Which neigh­bor­hoods/ar­eas are your spe­cial­ties? Light­house Point and East Fort Laud­erdale to Boca Raton. De­scribe your work­ing style: I take the time to learn my cus­tomers’ real es­tate goals, and then I work to achieve the own­ers vote on a mat­ter. If own­ers are con­cerned about cer­tain items on an agenda for a board meet­ing, own­ers should at­tend the board meet­ings as own­ers must be af­forded at least three min­utes to speak on agenda items. Own­ers may at­tend all board meet­ings ex­cept those in­volv­ing the board meet­ing with the as­so­ci­a­tion’s at­tor­ney con­cern­ing threat­ened or pend­ing lit­i­ga­tion and also the dis­cus­sion of per­son­nel mat­ters. Our as­so­ci­a­tion’s board de­cided to con­vert our swim­ming pool into a salt­wa­ter swim­ming pool. Are the own­ers’ votes re­quired? that goal for them. What ad­vice do you have for buy­ers? This is a very com­pet­i­tive mar­ket: Be pre­pared with your fi­nances be­fore you start look­ing for a home. Sub­mit strong of­fers sup­ported by lender ap­proval or proof of funds for cash of­fers. What ad­vice do you have for sellers? It’s im­por­tant to price your home prop­erly from the be­gin­ning other­wise your list­ing may not get the at­ten­tion it de­serves. If you’re in a condo as­so­ci­a­tion, the ques­tion is whether the con­ver­sion of the pool into a salt­wa­ter pool is con­sid­ered a “ma­te­rial al­ter­ation”? Typ­i­cally, a ma­te­rial al­ter­ation oc­curs when the ap­pear­ance or func­tion of a part of the com­mon el­e­ments is al­tered. For ex­am­ple, a condo build­ing is changed from white to yel­low. Other ex­am­ples are when a lobby floor is changed from tile to wood, or when a part of the park­ing lot is changed into a car-wash area for own­ers. The state agency that over­sees con­do­minium as­so­ci­a­tions, the Depart­ment of Busi­ness and Pro­fes­sional Reg­u­la­tion, has held that al­ter­ations many of us would con­sider mi­nor or im­ma­te­rial are ac­tu­ally ma­jor or Are you in­volved with any char­i­ta­ble or­ga­ni­za­tions? Food for the Poor CALL (954) 304-4424 • EMAIL julie@juliemah food.com • VISIT JulieMah­food.com ma­te­rial changes. There­fore, it would be my opin­ion for the as­so­ci­a­tion to have an owner vote on the con­ver­sion of the pool to a salt­wa­ter pool rather than only have the board make such a de­ci­sion. If you’re in a home­own­ers’ as­so­ci­a­tion, then you would have to re­view your gov­ern­ing doc­u­ments as the gov­ern­ing doc­u­ments from each as­so­ci­a­tion would pro­vide guid­ance as to what type of vote is re­quired. The pres­i­dent of our as­so­ci­a­tion sold her unit and­moved 10 min­utes away. May she still be pres­i­dent? 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 This ques­tion re­quires the re­view of the as­so­ci­a­tion’s gov­ern­ing doc­u­ments to give an ac­cu­rate an­swer. How­ever, gen­er­ally, board mem­bers must be unit own­ers in or­der to serve as di­rec­tors. Usu­ally, the as­so­ci­a­tion’s by­laws will re­quire that the pres­i­dent also be a di­rec­tor on the board. In this ex­am­ple, if the pres­i­dent is re­quired to be a di­rec­tor, and in or­der to be a di­rec­tor a per­son must be a unit owner in the condo as­so­ci­a­tion, then such a per­son would not be able to be pres­i­dent be­cause such a per­son would be re­quired to be a di­rec­tor, which would be im­per­mis­si­ble be­cause she sold her unit and is no longer an owner..

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