Law says pres­i­dent or board mem­ber must re­spond to owner re­quests for in­for­ma­tion

Sun Sentinel Broward Edition - Homespot - Broward East - - CONDO & H.O.A. LAW -

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: kapit.j@ewm.com and on Twit­ter and Instagram:@ Ja­sonKapitFTL

GAR­RETT A. FOSTER

DEBBY DOCHERTY

TRACY KOLODY

MICHAEL D. ROSS

CHRIS CON­NOLLY

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.

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