Knock­ing down walls to com­bine two condo units re­quires con­sent of ev­ery owner in the as­so­ci­a­tion

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 Law.com What sep­a­rates you from other Real­tors? Pas­sion, pres­ence, knowl­edge, the law, se­ri­ous ne­go­ti­at­ing skills. I’m 46. If I were 15 years younger, there might be a spot for me on “Mil­lion Dol­lar Listing.” 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 suit-and-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. In­ter­view more than one 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 as­so­ci­a­tion may sue the owner, ten­ant, and ten­ant’s guest(s). Keep in mind that the party who loses such a law­suit will most likely be li­able to pay the win­ning party’s at­tor­neys’ fees re­lated to the law­suit. 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 am tact­fully ag­gres­sive, with a no-non­sense ap­proach. They understand that I am in com­plete con­trol of their real es­tate af­fairs. It’s all good. What’s the hottest listing you have right now? I just listed 10 Com­pass Point in Bay Colony. It’s an in­cred­i­ble 7,127-square-foot fam­ily home on half of an is­land with 425 feet of wa­ter­front dock­age. Great views, great lay­out, great for en­ter­tain­ing, and in one of the only gated lux­ury com­mu­ni­ties in East Fort Laud­erdale. Really ex­cited about this one, check out 10com­pass.info What pro­fes­sional ac­com­plish­ment makes you the most proud? Fol­low­ing a very A new owner pur­chased two units next to each other. The new owner now wants to break down the wall be­tween the two units and make one mas­sive unit. Is this le­gal? Un­less your Dec­la­ra­tion states oth­er­wise, Florida law re­quires that the new owner ob­tain the con­sent of ev­ery owner in the as­so­ci­a­tion and ap­proval from lien­hold­ers (mort­gage hold­ers) on the two units in­volved. un­tra­di­tional, unique and long­wind­ing 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, Wounded War­rior Project, Fisher House Foun­da­tion, Hu­mane So­ci­ety of Broward County and a host of an­i­mal char­i­ties/shel­ters as my fam­ily and I are pas­sion­ate about dogs and horses. What’s one thing peo­ple would be sur­prised to 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 In my home­own­ers as­so­ci­a­tion, the own­ers voted to waive the re­quire­ment that the as­so­ci­a­tion must­main­tain in­sur­ance or a fidelity bond to cover the man­ager and of­fi­cers that sign checks on be­half of the as­so­ci­a­tion. Was this le­gal? Florida law re­quires your HOA to have an in­sur­ance pol­icy or fidelity bond to cover the max­i­mum funds that will be in the cus­tody of the as­so­ci­a­tion or its­man­age­ment agent at any one time. The in­sur­ance pol­icy or fidelity bond shall be main­tained for all per­sons who know about you? For as hard­core as I am in the field or at the of­fice when I am work­ing, I really like to read, write, re­lax and spend time with my fam­ily. I am as 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 ten­nis matches or play­ing fetch with one of my three dogs. CALL Ja­son Kapit, EWM Realty|Christie’s In­ter­na­tional, (954) 650-4443 • EMAIL ja­sonkapitFTL@gmail.com • TWIT­TER or IN­STA­GRAM @Ja­sonKapitFTL

CHRIS CON­NOLLY

MARIA SALES con­trol or dis­burse funds of the as­so­ci­a­tion, in­clud­ing but not lim­ited to, per­sons au­tho­rized to sign checks on be­half of the as­so­ci­a­tion, the pres­i­dent, sec­re­tary, and trea­surer. How­ever, ever year, ama­jor­ity of the home­own­ers present at a prop­erly called meet­ing of the own­ers may waive the re­quire­ment. Our condo as­so­ci­a­tion’s pro­posed bud­get for next year has in­creased by at least 15 per­cent. As an owner, I sub­mit­ted a re­quest for the board to con­sider a sub­sti­tute bud­get. Is the

GAR­RETT A. FOSTER

DEBBY DOCHERTY

TRACY KOLODY

MICHAEL D. ROSS 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 board re­quired to con­sider a sub­sti­tute bud­get based on my re­quest? If the board adopted a bud­get that ex­ceeds the pre­vi­ous year’s bud­get by at least 15 per­cent, the board must hold a spe­cial unit owner meet­ing to con­sider a sub­sti­tute bud­get only if the board re­ceives writ­ten re­quest for such spe­cial unit own­er­meet­ing from at least 10 per­cent of the to­tal vot­ing in­ter­ests within 21 days af­ter the board has adopted the new bud­get.

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