By state law, a quorum not required for election of directors but 20 percent of owners must cast votes
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 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 mahfood.com • VISIT JulieMahfood.com 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
GARRETT A. FOSTER
MICHAEL D. ROSS
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.