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

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 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. Noriega@elliman.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.