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