Association responsible for dealing with damages by contractors it hires
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 email@example.com 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
MICHAEL D. ROSS
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.