As­sess­ment fees charged to unit owners typ­i­cally based on size, or num­ber of bed­rooms in, their con­dos

Sun Sentinel Broward Edition - Homespot - Broward East - - REAL ESTATE -

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] Mem­ber of the Boca Ra­ton Board of Real­tors 38 years

I have cre­ated a new and unique pro­gram whereby a home­owner can get paid to list their home with me, up­front, with no strings at­tached. This is per­fectly le­gal; I’ve checked this out with the Florida Board of Real­tors’ at­tor­neys, and the Florida Real Es­tate Commission. It is not a kick­back or re­bate as referred to in Florida Statutes, since no commission has been earned. Whether the home sells or not, the home­owner keeps the up­front money paid for the list­ing. This is good for I aman owner in a condo build­ing wheremy next-door neigh­bor is a renter and the renter has peo­ple liv­ing on the en­closed pa­tio. The peo­ple liv­ing on the pa­tio are not nec­es­sar­ily trou­ble­mak­ers; how­ever, it just both­ers me that peo­ple are us­ing the pa­tio as their home and that when they are sim­ply talk­ing at night the sound res­onates into my bed­room mak­ing it hard to sleep. Is there any­thing that could be done? Most condo as­so­ci­a­tion gov­ern­ing doc­u­ments have a “sin­gle-fam­ily” clause, all home­own­ers. It’s the right thing to do given that a home­owner is al­low­ing me the priv­i­lege of list­ing their home and work­ing to get it sold.

The new pro­gram of pay­ing a home­owner to list their home is in­no­va­tive, and will change the way real es­tate is sold here and through­out the coun­try. The de­tails are spelled out on my web­site, WePayForList­

I am bring­ing the pro­gram of pay­ing home­own­ers to list their homes ini­tially to Broward and Palm Beach coun­ties, and ex­pect to take it through­out Florida and the rest of the coun­try as the con­cept grows. mean­ing that only one fam­ily may live in the unit. If the owner en­tered into a lease with the renter and then the renter brought in ad­di­tional peo­ple to live on the pa­tio, chances are the owner does not know about it. I would ask the as­so­ci­a­tion’s man­ager or a board mem­ber for the phone num­ber or at least mail­ing ad­dress of the owner and let them know what is go­ing on. I would also put this in writ­ing and send a let­ter to the as­so­ci­a­tion via cer­ti­fied mail re­turn re­ceipt re­quested and also reg­u­lar mail. Give the as­so­ci­a­tion and owner a lit­tle time to rec­tify the sit­u­a­tion. If the

I am giv­ing money up­front for a list­ing. As a re­sult, I won’t just be list­ing it in the MLS and all the ma­jor in­ter­net sites, or just do­ing open houses and con­tact­ing vast num­bers of buyer’s agents. I’ll be pay­ing for ad­ver­tis­ing ev­ery­where. I’ll be in­vest­ing in ex­ten­sive mar­ket­ing to reach all pos­si­ble in­ter­ested buy­ers to get the home sold at the best price as soon as pos­si­ble. Do your home­work with the help of a Real­tor be­fore pre­sent­ing and ne­go­ti­at­ing any of­fer. Why would any­one list a prop­erty with­out be­ing paid to list it? The prob­lem per­sists, the likely next step would be tak­ing ac­tion against the as­so­ci­a­tion for fail­ure to en­force its gov­ern­ing doc­u­ments. We keep hear­ing dif­fer­ent things. Should all of the units in our condo – whether one, two, or three bed­rooms – pay the same amount in as­sess­ments, or should the big­ger condo units pay more in their as­sess­ments? Florida law states that if your condo was cre­ated in 1996 or later, each unit’s share of the com­mon ex­penses times, they are chang­ing! You should list with a bro­ker who doesn’t just put it in MLS, but does so much more. Why shouldn’t you be paid to al­low me to list your home and let me do ev­ery­thing pos­si­ble to sell it? PROD­UCT DE­VEL­OP­MENT MAN­AGER AD­VER­TIS­ING DE­SIGNER SPE­CIAL SEC­TIONS WRITER SE­NIOR SALES MAN­AGER REAL ES­TATE AC­COUNT EX­EC­U­TIVE and com­mon sur­plus (for your ques­tion’s pur­pose, the as­sess­ments) shall be the same as the unit’s own­er­ship in­ter­est in the com­mon el­e­ments. Gen­er­ally, your as­so­ci­a­tion’s gov­ern­ing doc­u­ments usu­ally would state the per­cent­age in­ter­est each type of condo (num­ber of bed­rooms) has in the com­mon el­e­ments. Based on this per­cent­age, which usu­ally is dif­fer­ent for the var­i­ous sizes of condo units, the one-bed­room unit owners will pay “x”, the two-bed­room unit owners will pay “y”, and the owners of three-bed­room units will pay “z,” rather than all units pay­ing the same amount. GAR­RETT A. FOSTER DEB­O­RAH DOCHERTY TRACY KOLODY ARIEL GON­ZA­LEZ TANYA PLATH 954-425-1642 954-425-1029 954-425-1695 954-425-1053 954-425-1517 May the board of­fer a delin­quent owner a re­lease of li­a­bil­ity for his or her debt if the owner gives the unit to the as­so­ci­a­tion? Gen­er­ally, the as­so­ci­a­tion­may ac­quire ti­tle to the unit in ex­change for a re­lease ben­e­fit­ting the delin­quent owner. This is called a “deed in lieu of fore­clo­sure”.

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