Griev­ance com­mit­tee, not board, has fi­nal de­ci­sion about whether own­ers will be fined

Sun Sentinel Broward Edition - Homespot - Broward East - - 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 col­[email protected]­doLaw.com. What sep­a­rates me from other Re­al­tors? My de­ter­mi­na­tion to raise the bar — with ev­ery trans­ac­tion I get an op­por­tu­nity to chal­lenge the sta­tus quo, and ques­tion what is of­ten­times used as “Mar­ket Value” to de­ter­mine pric­ing, I be­lieve ev­ery home has some­thing that makes it ex­tra­or­di­nary, the goal is to find it. Which neigh­bor­hoods ar­eas are your spe­cial­ties? I like to fo­cus on the east side of Fort Laud­erdale; the next area I will be­come an ex­pert on is new con­struc­tion and devel­op­ment. De­scribe your work­ing style: My work­ing style is very per­sonal. I like ex­cel­lence, any­thing that has my name at­tached to it must ex­ceed all ex­pec­ta­tions. I think peo­ple who know me have come to know my style as a per­fec­tion­ist who ex­pects noth­ing but the best. This gives me the drive to keep learn­ing and to keep grow­ing.

What ad­vice do you have for buy- Re­cently, a va­cancy opened up on our board of di­rec­tors. The board ap­pointed a new direc­tor to ful­fill the re­main­ing term of the direc­tor who left. Shortly there­after, the new direc­tor said he does not want to be on the board any­more and has not spo­ken to any board mem­bers since. Does the board need a res­ig­na­tion in writ­ing prior to ap­point­ing a new board mem­ber? A few of the own­ers dis­cov­ered that our as­so­ci­a­tion had a dock af­ter re­view­ing our as­so­ci­a­tion’s gov­ern­ing doc­u­ments. We then found out that the pre­vi­ous pres­i­dent sold the dock to our ex­ist­ing pres­i­dent. Was this legal? ers? Al­ways lis­ten to your gut feel­ing. This goes for both the agent you choose to rep­re­sent you, and ev­ery house you visit, since I think houses connect with peo­ple. Most im­por­tantly, have a clear vi­sion and plan about how long you in­tend to stay in the home — five years, 10 years? Use this strat­egy with a com­plete wish list and keep it in mind when you are eval­u­at­ing each home since not hav­ing a clear plan can make the process con­fus­ing. What ad­vice do you have for sell­ers? This is one of the largest fi­nan­cial trans­ac­tions in your life­time. Choose the agents you want to in­ter­view, in­clud­ing any friends and fam­ily who prac­tice real es­tate if you are con­sid­er­ing them for the job. Ask them for a spe­cific plan as to how they in­tend to mar­ket you home, and get specifics about their own per­for­mance, av­er­age num­ber of days on the mar­ket for list­ings, how their sales prices com­pare to the rest of the mar­ket. Re­mem­ber, av­er­age agents The dock is mostly likely con­sid­ered part of your as­so­ci­a­tion’s com­mon el­e­ments. A for­mer pres­i­dent­may not uni­lat­er­ally sell a por­tion of the com­mon el­e­ments to any­one. The as­so­ci­a­tion’s dec­la­ra­tion should pro­vide the process of con­vey­ing any por­tion of the com­mon el­e­ments. The de­fault rule, if not stated in the dec­la­ra­tion, is that 75 per­cent of the to­tal own­ers are re­quired to ap­prove such a con­veyance of prop­erty. How does a fin­ing com­mit­tee func­tion? Does a fin­ing com­mit­tee act on rec­om­men­da­tions from the board?

will de­liver av­er­age re­sults. Are you in­volved with any char­i­ta­ble or­ga­ni­za­tions? I give to raise Can­cer Aware­ness, last year I sent out 10,000 fly­ers with in­for­ma­tion and com­plete de­tails to ac­cess lo­cal health or­ga­ni­za­tions and web­sites with valu­able in­for­ma­tion to fight this ter­ri­ble dis­ease. I love sup­port­ing Kiva.com and over the years have helped to fund over 50 mi­cro loans to small busi­ness own­ers and young peo­ple to fur­ther their ed­u­ca­tion in de­vel­op­ing coun­tries. 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 the rea­son. A fine may not be more than $100 per oc­cur­rence or per day and may not ex­ceed $1,000 in the ag­gre­gate, mean­ing that if the owner vi­o­lates a rule 10 times at $100 per oc­cur­rence, the max­i­mum fine would be $1,000. Then, a hear­ing of the fin­ing com­mit­tee (also called “griev­ance com­mit­tee”) must be held and a let­ter must be sent to the owner at least 14 days in ad­vance of the hear­ing in­form­ing such owner that he or she may make their case to the com­mit­tee as to why they should not be fined. The com­mit­tee has the ul­ti­mate de­ci­sion re­gard­ing whether the owner will be fined. What would be one thing peo­ple would be sur­prised to know about you? In my per­sonal life, I am very in­tro­verted. I love real es­tate be­cause my pas­sion for it com­pletely takes over, when I am work­ing I get to tap into my ex­tro­verted side — I have fun with it and make a dif­fer­ence in peo­ple’s lives. Con­tact In­for­ma­tion: Call (954) 812- 8662, or email Juan. Nor­[email protected]­li­man.com

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 that each owner wish­ing to re­ceive elec­tronic no­tices must give writ­ten per­mis­sion to re­ceive elec­tronic no­tices. Does this mean that the as­so­ci­a­tion no longer has to send no­tices by mail and may also dis­con­tinue from post­ing no­tices? If the owner gave writ­ten per­mis­sion to re­ceive elec­tronic no­tices, and the by­laws al­low elec­tronic no­tices to be sent from the as­so­ci­a­tion to the own­ers, the as­so­ci­a­tion no longer has to send “snail-mail” to own­ers who pro­vide writ­ten con­sent to re­ceive elec­tronic no­tices. How­ever, the as­so­ci­a­tion still should con­tinue to post no­tices.

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