Law says president or board member must respond to owner requests for information
What separates you from other Realtors? Passion, presence, knowledge, the law, serious negotiating skills. I’m 45. If I were 15 years younger, there might be a spot for me on “Million Dollar Listing.” Congrats to Samantha, Chad and Chris for bringing the show to Miami. Which neighborhoods/areas are your specialty? Not so much an area but a price point. I routinely represent properties exclusively priced above $1 million. I now have an office at 1700 E. Las Olas Blvd., so I will be aggressively pursuing market share on the East side. Describe your working style: Casual but intense. I’m not wearing flip-flops but I’m not really a suit-and-tie guy either. I always answer my phone, and my clients know I am available 24/7. I don’t stop. What advice do you have for buyers? Indecision is your enemy. You don’t need to make hasty decisions but if you like something, act. What advice do you have for sellers? Hire the best and brightest to list your home for sale. Q. I live in a condo building and the person in the unit above me is always renovating their unit. At all times, especially in the evening after they get home from work, they are banging, drilling, and doing other things in their unit that are extremely loud and annoying. My next-door neighbor hears it too. What can we do? A. Most association governing documents have a nuiMichael Bogen devotes his sance clause that forbids legal practice to representing hundoing anything in your unit that dreds of condominium and homeowner associations. Bogen, who is would annoy other owners. If an admitted to practice law in Florida, owner or tenant is violating the Washington, D.C., and Nevada, nuisance clause and such violation also is admitted before the United States District Court in the Southis causing an annoyance to other ern and Middle Districts of Florida. residents, the association may Michael Bogen is assistant executake action to make sure the noise tive director of the Condo Council, which provides education to over stops. As an owner, you may also 1,000 association members. If have a direct action for nuisance you have a question, email it to against the upstairs owner in addicolumn@CondoLaw.com.
tion to the association’s potential Interview more than one agent. Good agents don’t fear competition. Their clients and track record do all the talking. How does what you’ve learned about real estate help your clients? Tremendously! It allows them to be themselves. They can be calm, cool, collected or complete basketcases. It doesn’t matter because they have me. I’ve negotiated hundreds of successful transactions. I am tactfully aggressive, with a no-nonsense approach. They understand that I am in complete control of their real estate affairs. It’s all good. What’s the hottest listing you have right now? We just announced two new offerings at 6501 and 6541 Appaloosa Trail in Southwest Ranches. The one- and two-story homes are coming along nicely and we have set up an Open House every weekend from 11 a.m. to 2 p.m. The latest updates and renderings can be seen at MarsonDevelopment.com. These brand-new homes will be ready in mid-2015 and are in the heart of equestrian-friendly Sunshine Ranches/Southwest Ranches. for legal action. However, I always recommend in cases like this to have the association’s manager or attorney write a letter first; a letter may resolve your issue without the need for litigation. Q. I sent the president of our condo association a letter via certified mail asking some questions about the operation of our association. The president refused it and the letter was sent back to me. When I called the association’s manager to ask why the president refused it, the manager told me that the president has the right to refuse certified letters. In my letter, I also made a request for access to some documents. Is the manager correct? A. No. The statute states that an owner may send a letter of inquiry (asking questions) What professional accomplishment makes you the most proud? Following a very untraditional, unique and long-winding path into real estate (attorney and institutional trader), ultimately providing me serious edge, street cred and a fantastic career helping buyers and sellers in the luxury market. Are you involved in any charitable organizations? For years I have devoted time and money to Relay For Life, Wounded Warrior Project, Fisher House Foundation, Humane Society of Broward County and a host of animal charities/shelters as my family and I are passionate about dogs and horses. PRODUCT DEVELOPMENT MANAGER ADVERTISING DESIGNER SPECIAL SECTIONS WRITER SENIOR SALES MANAGER REAL ESTATE ACCOUNT EXECUTIVES Broward and Palm Beach Counties Dade County & Out of Area to the board and the board must respond within 30 days, unless a legal opinion or opinion from the state agency overseeing condominiums is required. It is common practice for a board member to receive these letters and provide them to their manager or attorney to have them answer it. There is no requirement for a specific board member to actually draft and respond to an owner’s letter. In this case, since you also made a written request for access to the official records, the association may be fined a maximum of $500 for failure to provide access to the official records if the association does not provide access to such records within 10 business days. Q. Whenever I call my association’s management company or board members, I never get my calls returned. I have rats What’s one thing people would be surprised to know about you? For as hardcore as I am in the field or at the office when I am working, I really like to read, write, relax and spend time with my family. I am as engaging as any of the guys you see on TV in an agent capacity. But at home, I’m just dad, hanging with my wife and kids, attending my daughter’s equestrian practices and competitions, or playing fetch with one of my three dogs. Contact information: For immediate access, call my cell (954) 650-4443, and yes I will answer so don’t be surprised. Email: email@example.com and on Twitter and Instagram:@ JasonKapitFTL
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 and some other maintenance problems and I need my calls returned. Do board members or the management company have to return calls for maintenance reasons under Florida law? A. Unless there is a policy set up for owners to call for maintenance or assessment issues, the management company reports to the board of directors. If the management company or board is ignoring your maintenance requests where the association is responsible for such maintenance requests, then I would recommend sending a letter to the board and management company via certified mail return receipt requested so you may prove you gave notice to the association later in any legal proceedings.