As­so­ci­a­tion re­spon­si­ble for deal­ing with dam­ages by con­trac­tors it hires

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. Michael Bo­gen is as­sis­tant ex­ec­u­tive direc­tor of the Condo Coun­cil, which pro­vides ed­u­ca­tion to over 1,000 as­so­ci­a­tion mem­bers. If you have a ques­tion, email it to col­umn@Con­doLaw.com. What made you get into real es­tate? I met with real es­tate in­vestors, and I knew I could help them with their real es­tate needs What sep­a­rates you from other Re­al­tors? I have stud­ied sales and ne­go­ti­a­tion, and this is my full-time ca­reer. Which neigh­bor­hoods/ ar­eas are your spe­cialty? Pom­pano Beach, Light­house Point, Deer­field Beach and East Fort Laud­erdale. How­ever, I’ve sold prop­erty from Riviera Beach to Hal­lan­dale, and from We­ston to Park­land. De­scribe your work­ing style: I try the “new” and the “old” in mar­ket­ing, un­til a client’s needs are sat­is­fied. What ad­vice do you have for buy­ers? Es­tab­lish a work­ing re­la­tion­ship with an ex­peri- The as­so­ci­a­tion hired a paint­ing com­pany to paint our build­ing. Dur­ing the paint­ing process, the paint­ing com­pany caused dam­age to my screen. The paint­ing com­pany said to deal with the board since the board is re­spon­si­ble for dam­age. The board then said to talk to the paint­ing com­pany. What do I do? The paint­ing con­tract may have an in­dem­nity clause ba­si­cally stat­ing that the as­so­ci­a­tion is re­spon­si­ble for dam­age. How­ever, what I would do is send a let­ter via cer­ti­fied mail re­turn re­ceipt re­quested to both the as­so­ci­a­tion and the paint­ing com­pany stat­ing what dam­ages you suf­fered and that you ex­pect to hear back by a dead-

enced Re­al­tor — or just call me! What ad­vice do you have for sell­ers? Call me. I’ve closed over 600 prop­er­ties and would love to help you. How does what you’ve learned about real es­tate help your clients? I view the en­tire process from the buyer, and seller, to each prop­erty’s con­di­tion. I an­tic­i­pate what could hap­pen, so any is­sues are dis­cussed up­front. What’s the hottest list­ing you have right now? A Leisure Mar condo in Laud­erdaleby-the-Sea listed for $279,500. It’s near the pier, and the pool and club­house sit right on the beach. What pro­fes­sional ac­com­plish­ment makes you the most proud? Dur­ing one month, at the bot­tom of the real line (give at least two weeks). If you do not hear from them, or, if they refuse to pay for the re­pair, the next step would be to con­sult an at­tor­ney to file suit to re­cover your dam­ages. Gen­er­ally, the as­so­ci­a­tion’s gov­ern­ing doc­u­ments will have a clause re­gard­ing pets. Th­ese clauses usu­ally do not dif­fer­en­ti­ate be­tween own­ers and renters and just ap­ply to pets, pe­riod. Florida condo law states that when a unit is leased, a ten­ant shall have all use rights in the as­so­ci­a­tion as the owner (land­lord) has. If the gov­ern­ing doc­u­ments do treat own­ers es­tate re­ces­sion, I was in the top 10 in closed sales in the en­tire state of Florida at my for­mer bro­ker­age, a na­tion­wide fran­chise . What’s one thing peo­ple would be sur­prised to know about you? I learned how to play bas­ket­ball both right-handed and left-handed. Con­tact in­for­ma­tion: Call Mark D. Gre­gory, (954) 695-2629, or email gre­go­ry­mark@bell­south.net 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 and renters dif­fer­ently re­gard­ing pets, an owner or renter may have an ar­gu­ment that such a clause is ei­ther void or un­rea­son­able. There is a clause in our as­so­ci­a­tion’s gov­ern­ing doc­u­ments pro­hibit­ing rent­ing dur­ing the first year of own­er­ship. In­vestors get around this by say­ing that the peo­ple living in the unit are fam­ily mem­bers. Can we do any­thing to close this loop­hole? The as­so­ci­a­tion may amend their doc­u­ments to in­clude a clause that any per­son oc­cu­py­ing a unit in ex­cess of 30 days in a cal­en­dar year must ob­tain prior writ­ten ap­proval from the board. This way, any per­son — whether a

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 ten­ant, guest, fam­ily mem­ber, or who­ever — may not stay longer than 30 days in a year. And this way, an owner can­not say to the board that their fam­ily mem­ber is go­ing to be living in their unit with­out pay­ing them rent.

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