If a renter dam­ages As­so­ci­a­tion property, owner of unit that was rented is li­able for re­pairs

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 How long in real es­tate? Since 1977 What made you get into real es­tate? De­sire for home own­er­ship and to help oth­ers achieve their home own­er­ship goals. What sep­a­rates you from other Real­tors? Our vast knowl­edge and ex­pe­ri­ence plus our avail­abil­ity seven days a week. Which neigh­bor­hoods/ ar­eas are your spe­cial­ties? Beach area and new con­struc­tion projects A delin­quent owner just sold his home a week ago. Nei­ther the old owner nor the new owner has paid the delin­quent bal­ance to the as­so­ci­a­tion. May the as­so­ci­a­tion file a lien against the property since the delin­quency still has not been re­solved? Florida law gives the new owner 30 days to pay any amounts due to the as­so­ci­a­tion af­ter ac­quir­ing ti­tle to the property. If the new owner does not pay within 30 days, the as­so­ci­a­tion may start the col­lec­tions process against the new owner. In­ter­est­ingly, Florida law al­lows the as­so­ci­a­tion to ini­ti­ate le­gal ac­tion against both De­scribe your work­ing style: We make our­selves avail­able seven days a week. What ad­vice do you have for buy­ers? Buy what you love and can com­fort­ably af­ford. What ad­vice do you have for sell­ers? Call us for a free mar­ket anal­y­sis of value and tips on stag­ing property to sell faster. What’s one thing peo­ple would be sur­prised to know about you? We are a fam­ily busi­ness (San­dra, Patti, Dan and De­bra Post) the old owner and new owner si­mul­ta­ne­ously. The old own­ers of a unit do not ab­solve them­selves from their debt once they give up ti­tle to the property. A renter re­cently moved out and caused dam­age to the el­e­va­tor in our as­so­ci­a­tion. When the As­so­ci­a­tion asked her to pay for the dam­age, she laughed and said to take a hike. What can we do? Un­der Florida law, both the renter and the owner/land­lord are jointly re­spon­si­ble for any dam­age caused by an owner’s ten­ants, guests, plus eight highly skilled as­so­ciates. CALL Patti Post, (954) 650-3415; San­dra Post, (954) 650-3419 • VISIT Con­doPages.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 and in­vi­tees. This means that if the As­so­ci­a­tion is un­able to col­lect from the renter, un­for­tu­nately for the owner, the As­so­ci­a­tion may go af­ter the owner to re­cover for the re­pair bill. For the hol­i­days, the board pur­chased small gifts for each other for their ser­vice on the board. Is this le­gal? Pur­chas­ing gifts for direc­tors from as­so­ci­a­tion funds is not al­lowed, un­less the as­so­ci­a­tion’s gov­ern­ing doc­u­ments specif­i­cally al­low such gifts or “re­wards”.

GAR­RETT A. FOSTER

DEBBY DOCHERTY

TRACY KOLODY

MICHAEL D. ROSS

CHRIS CON­NOLLY

MARIA SALES If I fail to pay my con­do­minium as­so­ci­a­tion as­sess­ments, may the as­so­ci­a­tion dis­con­nect my ca­ble tele­vi­sion since the pay­ment of the ca­ble tele­vi­sion ser­vices are part of the monthly as­sess­ments? 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 Florida law states that direc­tors must be nat­u­ral per­sons who are at least 18 years of age and are not re­quired to be mem­bers, or unit own­ers, of the condo as­so­ci­a­tion, un­less the as­so­ci­a­tion’s ar­ti­cles of in­cor­po­ra­tion or by­laws so re­quire. If the as­so­ci­a­tion’s ar­ti­cles of in­cor­po­ra­tion or by­laws re­quire direc­tors to be mem­bers, or unit own­ers, of the as­so­ci­a­tion, then the grantor of a trust or a ben­e­fi­ciary of a trust own­ing a unit shall be deemed a mem­ber of the as­so­ci­a­tion and el­i­gi­ble to serve a di­rec­tor. This anal­y­sis ap­plies to con­do­minium as­so­ci­a­tions and home­owner as­so­ci­a­tions.

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