Unless a specific issue presents a conflict of interest, it is acceptable for board members to sit on more than one board at the same time

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 made you get into real estate? I listen very carefully to see what motivates people and make their dreams come true. What separates you from other Realtors? I try to go above and beyond the call of duty for my sellers and buyers. Which neighborhoods/areas are your specialties? Fort Lauderdale, Boca Raton and Palm Beach. Describe your working style: Passionate In your previous column, you stated that all condo associations that have buildings 75 feet or higher must either start the permitting process for retrofitting the building(s) with fire sprinklers by the end of 2016 or have an owner vote to opt out of the retrofitting requirement. I heard that this applies to all associations regardless of the height of the building. Please clarify. Recently, there have been numerous opinions from various entities stating why or why not certain buildings need to be retrofitted. For and hardworking, I strive to do the right thing in life. What advice do you have for buyers? Seize the moment. What advice do you have for sellers? Timing is everything in life. Are you involved in any charitable organizations? Animal Rescue, American Cancer Society and Navy League. What’s one thing people would be surprised to know example, a condo association stated that they called their city and county building departments, which stated that buildings under 75 feet do not have to follow the retrofit or opt-out requirements and could simply ignore this part of the law. Another quote I heard stated that since the catwalks on the buildings were outside and were not enclosed or inside of the building that the building also did not have to follow the retrofit or opt-out requirements. However, some other attorneys agree that the statute, in the way that it is worded, requires all condo associations to either begin the permitting for the retrofitting about you? I make the difficult seem easy. CALL Sandra Stafford, Regency Realty Services, (954) 732-5700 • EMAIL Sandra.Stafford007 @gmail.com • VISIT RegencyFlorida.com process or vote to opt-out of the retrofitting requirements by the end of 2016. The statute specifically states, “Notwithstanding … any other code, statute, ordinance, administrative rule or regulation, or any interpretation of the foregoing, an association … is not obligated to retrofit … if the unit owners have voted to forego such retrofitting…” This means that if there has been no vote to opt-out of the retrofitting requirement, then the association must retrofit their building with sprinklers. Due to the difference of opinions among these entities, in an abundance of caution, it is recommended to go through the opt-out vote if the association does not want to retrofit their building with fire sprinklers, regardless of the size of the building or whether the building has indoor or outdoor catwalks or corridors. We live in a community comprised of a few condo associations with a master association that governs the common roads, front entrance, etc., in our community. We have a boardmember who is on the board of one of the condominium associations and also is on the board of the master association. Is there a conflict of interest 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 or any prohibition under the law against being a director on both boards at the same time? Generally, no. There may be the occasion where a conflict of interest may arise. For example, if there is a dispute between the master association and the one condominium association and they are in the middle of lawsuit against each other, the boardmember should abstain himself or herself regarding the decisions made in reference to the dispute.