Installation of a patio by one owner should be approved by majority of owners since it alters common elements

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 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 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. About 10 years ago, a unit owner in our condo association installed a cement patio in the back of his ground floor unit and moved his air conditioning unit from behind his condo unit onto the new patio. I know that an owner vote is required in order for an owner to install a patio. None of the prior boards did anything about the new patio that was installed. May the board now, 12 years later, force the owner to have the patio removed and move the air conditioning unit back to the prior location of behind his unit? The installation of a patio behind a condominium unit is considered a material alteration to the common elements. It most likely requires a certain percentage of the total owners to vote on whether the installation of the patio should be allowed or not. If the owner installed the patio without obtaining the appropriate approval, the association’s likely remedy is to file an arbitration action Describe your working style: I take the time to learn my customers’ real estate goals, and then I work to achieve 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. with the state’s Department of Business and Professional Regulation in order to have an arbitrator require the owner to remove the patio. However, in this circumstance, it has been so long that the association may not be successful in any legal action it takes against the owner to have his patio removed, unless such patio is causing an ongoing harm to the association or its residents. The association should consult with a community association attorney to obtain amore specific answer as this question may only be answered generically. May the board, without the owners, adopt a no-smoking policy at the outdoor pool area without a vote of the owners? The association may adopt reasonable rules and regulations concerning the operation and use of the common elements. In this regard, the board may make a reasonable no-smoking policy at the Are you involved with any charitable organizations? Food for the Poor Contact information: Call Julie Adler Mahfood, (954) 304-4424; email julie@juliemahfood.com; visit JulieMahfood.com

DSUECNTTDIENVEELLOPRMEEANLTEMSATNAATGEERADVERTISGIANRGRESTTTAA. ADVERTISING DESIGNER DEBBY DOCHERTY SPECIAL SECTIONS WRITER TRACY KOLODY SENIOR SALES MANAGER MICHAEL D. ROSS REAL ESTATE ACCOUNT EXECUTIVES Broward and Palm Beach Counties Dade County & Out of Area outdoor pool area provided that any such rule does not conflict with the association’s governing documents, such as the association’s Declaration or Bylaws. At our association, the board will not allow any owners to see any association records and where our money is being spent. The president has declared himself, in addition to being president, as the “Director of Legal Compliance”. What does this mean? In the last election, he did not allow a number of owners to have their names on the ballot since, according to him, they do not have enough experience. Please help. It sounds like you have a renegade board. First, you need to send a letter to the association by certified mail return receipt requested asking all of the questions that you want to ask. Second, send a second letter to the association by certified mail return receipt requested

CHRIS CONNOLLY

MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 a letter stating you want to inspect all the records that you want to inspect. The association must respond to your first letter with your questions within 30 days of receipt of the letter or 60 days if a legal opinion is sought by the association. The association must respond to your second letter requesting access to the records within 10 business days allowing you to inspect such records listed in your request.

If the owners are unhappy with the board, you should follow the recall procedure that allows at least a majority of the owners to have directors removed from the board. Many times the current board refuses to abide by the recall procedure even if the owners get at least a majority of the owners to have them removed. If the board does not respond to any of your requests, I would recommend contacting a community association attorney who could help facilitate the recall for the owners.