If as­so­ci­a­tion busi­ness is dis­cussed, any gath­er­ing of board mem­bers – even din­ner – is con­sid­ered a meet­ing that must be open to own­ers

Sun Sentinel Broward Edition - Homespot - Broward East - - CONDO & H.O.A. LAW -

Cur­rent home: Fort Laud­erdale Real­tor des­ig­na­tions: Bro­ker-Vice Pres­i­dent How long in real es­tate? 21 years What made you get into real es­tate? I love help­ing peo­ple to find homes, and sell them. What sep­a­rates you from other Re­al­tors? I work 24/7. I am al­ways avail­able to an­swer ques­tions and show prop­erty. Water­front homes from Har­bor Beach to

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: col­[email protected] Law.com Hills­boro Mile De­scribe your work­ing style: Al­ways avail­able What ad­vice do you have for buy­ers? Look at ev­ery­thing in your price range. Be ed­u­cated in the area in which you are look­ing, so when you make an of­fer, you feel com­fort­able that you are not just jump­ing in with­out know­ing the mar­ket. What ad­vice do you have for sell­ers? When look­ing at of­fers that you are given, don’t be in­sulted if you think they are low. Just make a counter of­fer and don’t take it per­son­ally. In a prior col­umn, you stated that in or­der to re­move a di­rec­tor, the own­ers must fol­low the “re­call” process. Does this ap­ply to both condo and home­own­ers’ as­so­ci­a­tions? Yes. Both con­dos and HOAs must fol­low the re­call process to have a di­rec­tor re­moved. Are own­ers re­quired to have home­own­ers in­sur­ance in condo and home­own­ers’ as­so­ci­a­tions? Un­der Florida law, own­ers in both condo and home­own­ers’ as­so­ci­a­tions are not re­quired to have home­own­ers in­sur­ance. How­ever, while the law does not re­quire own­ers to Are you in­volved in any char­i­ta­ble or­ga­ni­za­tions? 4KIDS of South Florida and Cal­vary Chapel, Fort Laud­erdale What’s one thing peo­ple would be sur­prised to know about you? I used to sing pro­fes­sion­ally. CALL San­dra Taglia­monte, One Sotheby’s In­ter­na­tional Realty, (954) 818 # ! staglia­[email protected] one­sothe­bys + ; Taglia­mon­teTeam. com carry home­own­ers in­sur­ance, the govern­ing doc­u­ments of the condo as­so­ci­a­tion or HOA­may re­quire it. If the govern­ing doc­u­ments re­quire own­ers to carry home­own­ers in­sur­ance, then the own­ers must have home­own­ers in­sur­ance. is for so­cial pur­poses and no as­so­ci­a­tion busi­ness is con­ducted, then such gath­er­ings do not vi­o­late the law. How­ever, if as­so­ci­a­tion busi­ness is be­ing con­ducted, then such a “gath­er­ing” must be prop­erly no­ticed as a board meet­ing. Own­ers who are cur­rent on their as­sess­ments, but may have a lin­ger­ing fine on their ac­count, are not el­i­gi­ble to be­come a board­mem­ber un­til their fine is paid. Un­der Florida law, an owner is not el­i­gi­ble to run for the board if they are more than 90 days delin­quent in the pay­ment GAR­RETT A. FOS­TER DEB­O­RAH DOCHERTY TRACY KOLODY ARIEL GON­ZA­LEZ TANYA PLATH MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1053 954-425-1517 954-425-1640 of any mone­tary obli­ga­tion to the as­so­ci­a­tion. We re­cently sus­pended the rights of a delin­quent owner to use the recre­ation fa­cil­i­ties, in­clud­ing the pool and gym. How­ever, this owner owns another unit in our as­so­ci­a­tion and he is not delin­quent in the pay­ment of his as­sess­ments on that unit. He in­sists that his use rights to the pool and gym may not be sus­pended be­cause he has a unit that is not delin­quent. Is this true? Yes. An owner who owns mul­ti­ple units and who owns at least one unit that is not delin­quent may con­tinue to use recre­ation ar­eas with­out be­ing sus­pended.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.