Florida law: Owners not eligible to run for HOA board if they owe money to the association

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. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.

EMAIL: column@Condo Law.com the real estate business and obtained my Florida real estate license. I started working with buyers and sellers and knew this was what I wanted to do for the rest of my career. I love assisting my clients with their real estate purchases and sales. What separates you from other Realtors? I have been a dedicated Realtor for over a decade and I strive to provide the best customer service in South Florida! I have been a top producer for over five years and utilize the Century 21 marketing system to the maximum advantage for my clients. I work with a team to guarantee you have a smooth real estate transaction. Which neighborhoods/ areas are your specialty? I specialize in Fort Lauderdale, Pompano Beach, Lighthouse Point, Oakland Park, and the surrounding areas. I work with all types of sellers and buyers and Our HOA docs state that only immediate familymembers of the owner may reside in a home. Leasing is not permitted during the first year of ownership. After the first year, the board must approve any tenants and only one lease per year is allowed. However, there is an owner who allows his friend to stay in his unit with him many times throughout the year for weeks at a time. Will this begin a “precedent” in allowing owners to havemultiple leases throughout the year? It very well could. There is something called “selective enforcement” in the law. Selective enforcement occurs when the board have experience in investment properties and foreclosures. Describe your working style: I believe in customer service first and foremost. I am always available to answer questions and guide you through the selling and buying process. What advice do you have for buyers? It is always exciting when you are purchasing a home. The most important thing to remember is to get pre-qualified for your mortgage. It’s always better to know your budget before you start looking at homes. Once you are comfortable with a price range, have patience when looking for a home. Start your search online at KarenCentury21.com and allow me to assist in your search for your dream home. What advice do you have for sellers? Correctly pricing your home is a top priority. It is important to have information decides to enforce the docs or rules against one owner but allows another owner to violate the rules without enforcing the docs or rules against that owner. For example, if you allowed three leases throughout the year with each lease being three months in length, you would be in violation of the docs. However, if the board took legal action against you for having multiple leases in one year, you would be able to claim a “selective enforcement” defense because the board is not enforcing the same rules against this other owner resulting in the board treating you differently compared to the other owner. on your neighborhood and I will be able to guide you through the process of understanding your neighborhood and developing the best pricing strategy to maximize your return on investment. Once we have the right list price, I will be able to generate immediate interest through my Century 21 marketing plan. Are you involved in any charitable organizations? 100+ Abandoned Dogs of Everglades Florida. We are currently fostering two wonderful dogs that need a forever home. 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 There is a new key card system to get into the recreation facilities and the association’s management company is refusing to give me one of these new key cards because they say they do not havemy lease on file. I am renting from an owner who lives out of the country and who is very hard to get ahold of. What can I do? If the association’s docs or rules and regulations require all renters to have a lease on file with the association and the approval of renters, then you and the owner must comply with such rules. If you do not have a copy of the lease and you have tried getting in touch with your landlord, What’s one thing people would be surprised to know about you? I love to cook! I love trying new recipes and changing them up for a bit of adventure. CALL Karen Kelley, Century 21 Hansen Realty, (954) 444-0798 EMAIL Karen.Kelley@Century21. com VISIT KarenCentury21.com

CHRIS CONNOLLY

MARIA SALES theremay be some action you can take against your landlord because you are losing out on access to the recreation facilities that you were most likely entitled to use as part of your lease. Otherwise, if the association’s docs or rules do not require leases to be on file nor require approval of tenants, then the association may have some liability for enforcing a rule that does not exist and refusing access to use of the facilities that you have a right to use. In this case, I would first send the association a letter via certifiedmail return receipt and regular mail informing them of the matter. If the association still refuses access when no such rules exist, I would consult a community association attorney to evaluate

GARRETT A. FOSTER

DEBBY DOCHERTY

TRACY KOLODY

MICHAEL D. ROSS

the matter. 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 An owner in our HOA who was fined wants to become a board member. Is this owner eligible to become a board member? Owners who are current on their assessments, but may have a lingering fine on their account, are not eligible to become a board member until their fine is paid. Under Florida law, an owner is not eligible to run for the board if they are more than 90 days delinquent in the payment of any monetary obligation to the association.