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