Condo law says association responsible for fixing damages from ‘insurable events’

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. things real estate: Art of the deal, interior design, architecture, landscaping. I was the guy at Publix taking every real estate magazine off the rack to thumb through. What separates you from other Realtors? Passion, presence, knowledge, the law, serious negotiating skills. I’m 45. If I were 15 years younger, there might be a spot for me on “Million Dollar Listing.” Congrats to Samantha, Chad and Chris for bringing the show to Miami. Which neighborhoods/areas are your specialty? Not so much an area but a price point. I routinely represent properties exclusively priced above $1 million. I now have an office at 1700 E. Las Olas Blvd., so I will be aggressively pursuing market share on the East side. Describe your working style: Casual but intense. I’m not wearing flip-flops but I’m not really a suitand-tie guy either. I always answer my phone, and my clients know I am available 24/7. I don’t stop. What advice do you have for buyers? Indecision is your enemy. You don’t need to make hasty decisions but if you like something, act. What advice do you have for sellers? Hire the best and brightest to list your home for sale. We live in a homeowners association where the board stated at a boardmeeting that they are ignoring the part of the bylaws that prohibit signs on property. The board also has allowed one of the homes to become a drug rehabilitation house. First, may the board decide to override the bylaws by stating so at a board meeting? Second, what can we do if the board will not enforce our association’s declaration by prohibiting businesses from being run out of one of the homes? First, if your bylaws expressly state that no signs shall be posted on any of the lots, the board may not ignore this restriction. The only way to change this portion of the bylaws is to pass the amendment in accordance with the amendment provisions of the bylaws. Generally, the requirement to amend the bylaws is by obtaining the approval of two-thirds of Interview more than one agent. Good agents don’t fear competition. Their clients and track record do all the talking. How does what you’ve learned about real estate help your clients? Tremendously! It allows them to be themselves. They can be calm, cool, collected or complete basket-cases. It doesn’t matter because they have me. I’ve negotiated hundreds of successful transactions. I amtactfully aggressive, with a no-nonsense approach. They understand that I amin complete control of their real estate affairs. It’s all good. What’s the hottest listing you have right now? All of the luxury properties I have the privilege of representing are outstanding, but I just listed an amazing estate in the heart of Sunshine Ranches, Southwest Ranches. The gated compound encompasses 4.25 acres and is walled for privacy. There is a 4,000-square-foot main house with a Downsview kitchen, saltwater pool and steam shower just to highlight a few of the upgrades. A breezeway leads to a separate three-car garage. A workshop and warehouse have storage for 20 collector cars and ample room for an RV and the toys. A separate 22,500-square-foot lot has been prepped with plans for an additional 8,500-square-foot the total unit owners. Second, if the board is not enforcing the declaration, what I always recommend is sending a letter via certifiedmail and regular mail putting them on notice of their failure to act. If the board still refuses to enforce the declaration, under HOA law, an ownermay send a certified letter to the association demanding mandatory mediation. The letter has to conform to the law’s requirements and must be in a certain form. It is recommended you consult with a community association attorney for this type of matter. A pipe in the wall burst in our condo unit. Our homeowners insurance paid for the floor, all of our personal property in the unit, such as our furniture, and the repainting of the walls. However, the insurance company said that the drywall repair was the association’s responsibility. When I went to home. A private pond and two security access gates along Hancock and Luray roads also are part of this truly unbelievable property. Check it out at http://14141Luray.com What professional accomplishment makes you the most proud? Following a very untraditional, unique and long-winding path into real estate (attorney and institutional trader), ultimately providing me serious edge, street cred and a fantastic career helping buyers and sellers in the luxury market. Are you involved in any charitable organizations? For years I have devoted time and money to Relay For Life, WoundedWarrior Project, Fisher House Foundation, Humane Society of Broward County and a host of animal charities/shelters as my family and I are passion- 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 the association, the board said that the drywall repair is my responsibility. Which one is correct and what should I do? Over the past few years, maintenance responsibilities have shifted under Florida condo law. As of now, Florida law states that, if the damage was caused due to an insurable event, then the association would be responsible to repair all portions of the condo property as originally installed in accordance with the original plans and specifications of the building. There are certain exceptions to this rule; however, the likely outcome would be that the association would be responsible for repairing the wall. Our board wants to use reserve funds to install a “Shabbat” elevator. The board is going to do this without owner vote. Is this allowed? ate about dogs and horses. What’s one thing people would be surprised to know about you? For as hardcore as I am in the field or at the office when I amworking, I really like to read, write, relax and spend time with my family. I amas engaging as any of the guys you see on TV in an agent capacity. But at home, I’m just dad, hanging with my wife and kids, attending my daughter’s equestrian practices and competitions, or playing fetch with one of my three dogs. Contact information: For immediate access, call my cell (954) 650-4443, and yes I will answer so don’t be surprised. Email: jasonkapitFTL@gmail.com and on Twitter and Instagram: @JasonKapitFTL

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 No. First, to use reserve funds for some other purpose, a majority vote of the owners present at a properly held owner meeting must approve the use of reserve funds for some other purpose. For example, you cannot use funds from the “Painting” reserve account toward building a swimming pool. You may only use funds from the “Painting” reserve for painting, unless you obtain the required owner votes. Second, the installation of any type of elevator is considered a material alteration to the common elements. The association’s declaration usually will state what type of vote is required in order to approve the alteration. If the declaration does not have such a requirement stated, the default rule is that 75 percent of the owners are required to approve any such material alteration to the common elements.