By state law, a quo­rum not re­quired for elec­tion of di­rec­tors but 20 per­cent of own­ers must cast votes

Sun Sentinel Broward Edition - Homespot - Broward East - - CONDO & 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. He is as­sis­tant ex­ec­u­tive di­rec­tor of the Condo Coun­cil, which pro­vides ed­u­ca­tion to over 1,000 as­so­ci­a­tion mem­bers.

EMAIL: column@Condo Re­al­tor Des­ig­na­tions: GRI, mem­ber of the Mas­ter Bro­kers Fo­rum of Broward County, Plat­inum Pro­ducer How long in real es­tate? 10 years 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 un­paral- A tree next tomy drive­way drops sap on my car and causes paint dam­age to my car. The as­so­ci­a­tion has to main­tain the trees. In fact, the as­so­ci­a­tion does have the tree trimmed. How­ever, even with the as­so­ci­a­tion prop­erly trim­ming the trees, the tree sap still falls on my car caus­ing dam­age. Is there any­thing I can do? If the as­so­ci­a­tion is prop­erly main­tain­ing the tree, and the tree is still caus­ing dam­age be­cause tree sap drops on the car re­sult­ing in paint dam­age, then the as­so­ci­a­tion most likely has to re­solve this is­sue. Gen­er­ally in this sit­u­a­tion, it is likely rec­om­mended leled. Which neigh­bor­hoods/ar­eas are your spe­cial­ties? Light­house Point and East Fort Laud­erdale to Boca Ra­ton. 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. for the as­so­ci­a­tion to have the tree re­moved. How­ever, this an­swer is gen­er­al­ized and a com­mu­nity as­so­ci­a­tion at­tor­ney should first be con­sulted be­fore any ac­tion is taken. Are own­ers and their renters jointly li­able for any vi­o­la­tions com­mit­ted by the ren­ter and the ren­ter’s guests? If the as­so­ci­a­tion de­cides to take ac­tion against the ten­ant or ten­ant’s guests for fail­ing to com­ply with the as­so­ci­a­tion’s gov­ern­ing doc­u­ments or rules and reg­u­la­tions, the as­so­ci­a­tion­may sue the owner, ten­ant, and ten­ant’s guest(s). Keep in mind that the party who loses such a Are you in­volved with any char­i­ta­ble or­ga­ni­za­tions? Food for the Poor CALL (954) 304-4424 • EMAIL julie@julie mah­ • VISIT JulieMah­ 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 law­suit will most likely be li­able to pay the win­ning party’s at­tor­neys’ fees re­lated to the law­suit. Our con­do­minium as­so­ci­a­tion’s new bud­get for next year has in­creased by more than 15 per­cent. I sub­mit­ted a re­quest to the board for mem­bers to con­sider an al­ter­nate bud­get. Must the board con­sider my re­quest to con­sider an al­ter­nate bud­get? An al­ter­nate bud­get will be con­sid­ered if the board re­ceives a writ­ten re­quest for a spe­cial unit owner meet­ing from at least 10 per­cent of the to­tal units within 21 days af­ter the board has adopted

its bud­get.






MARIA SALES At the an­nual meet­ing in our condo as­so­ci­a­tion, there were not enough own­ers to con­sti­tute a quo­rum for the pur­pose of elect­ing new board­mem­bers. Less than half of the own­ers showed up and I know that we need ama­jor­ity of the own­ers at our meet­ing for a quo­rum and a prop­erly con­ducted meet­ing. De­spite the lack of quo­rum, the man­age­ment com­pany counted the bal­lots and the elec­tion con­tin­ued. A few prox­ies in­di­cat­ing who own­ers wanted to elect as a di­rec­tors also were counted. Was the elec­tion in­valid? 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 Un­der Florida law, a quo­rum is not re­quired in or­der to hold an elec­tion for the di­rec­tors. The stan­dard is low­ered in or­der for the elec­tion of di­rec­tors to ac­tu­ally take place in a state where many own­ers are not liv­ing in Florida full time. Only 20 per­cent of the own­ers must cast their vote in or­der for a valid elec­tion to oc­cur. How­ever, prox­ies are not al­lowed in con­do­minium as­so­ci­a­tions for the use of elect­ing di­rec­tors. Proxy vot­ing for di­rec­tors in HOAs is gen­er­ally ac­cepted un­less oth­er­wise stated in the HOA’s gov­ern­ing doc­u­ments.

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