Inside
S U N S E N T I N E L • S U N DAY, M ay 1 1 , 2 0 1 4
East Broward Resale
Yo u r s o u r c e f o r t h e hott est l i st i n g s – a n d m o r e
Realtor® of the Week
C O N T E N TS P R E PA R E D BY C L A S S I F I E D A DV E RT I S I N G
Real Estate SunSentinel.com/RealEstate
Home of the Week Sponsored by
Location: 2664 Riviera Manor, in the Weston Hills Country Club. Bedrooms/baths/garages: 5/5/2 Features: Custom-built, 6,016-square-foot home on Name: Jason Kapit Company name: EWM Realty International, an affiliate of Christie’s. Originally from: Virginia, but moved to Fort Lauderdale when I was 3. Current home: Southwest Ranches. Realtor designations: ESQ. The law thing really helps when it comes to negotiating real estate transactions. How long in real estate? 11 years. What made you get into real estate? Always passionate about all things real estate: Art of the deal, REALTOR® OF THE WEEK Continued on page ?
More INSIDE 2 Real Estate Q & A 6 Condo & H.O.A. Law 8 Real Estate Matters 9 Living Spaces 10 Hot Listings
water and golf in Weston. The amazing family compound will appeal to those desiring a country club lifestyle with all the amenities that come with it. Enjoy a twostory main house, tastefully done with five bedrooms, five full baths and two one-half baths, office and loft. Features well-thought-out floor plan, wet bar, formal living and dining room, beautiful kitchen and spacious bedrooms. Outside is where the fun begins with an expansive patio, summer kitchen and a fantastic pool area, with sweeping scenic views, three-car garage, circular driveway, accordion shutter and impact-rated windows/ doors. Close to everything and a wonderful place to call home.
Neighborhood of the Week Sponsored by
Amenities: Gated community, two professional 18-hole golf courses, tennis, full clubhouse, A-rated schools.
Price: $2.15 Million Additional information: To see more photos of this country club home, please visit www.2664riviera.com. Contact: Jason Kapit, EWM Realty International, (954) 650-4443
Location: Weston Hills Country Club Why popular: Refined country club living in a gated community with two professional 18-hole courses, tennis complex, elegant clubhouse and an abundance of walking/ jogging paths and biking lanes. Well-manicured community with lush foliage, ample lakes and scenic views. Former home of the PGA Honda Classic.
Appeals to: Those looking for the country-club lifestyle, with many homes overlooking golf and/or lake. There are homes from 2,500 square feet to more than 10,000 square feet, and each possesses it owns unique and sophisticated characteristics. This is a very family oriented community, comfortable with a very “laid back” feel, yet you are minutes from Miami, Palm Beach, east Fort Lauderdale, nightlife and more. Great schools, scenic views, a quaint Town Center, and a ton of family activities makes this a very popular place to call home. Type of homes: Single-family Price range: From $500,000 to over $3 Million Contact: Jason Kapit, EWM Realty International, (954) 650-4443; www.WestonHillsCC.com
REALTOR® OF THE WEEK Continued from page 1
interior design, architecture, landscaping. I was the guy at Publix taking every real estate magazine off the rack to thumb through. What separates you from other Realtors? Passion, presence, knowledge, the law, and serious negotiating skills. I’m 44. If I were 15 years younger, there might be a spot for me on “Million Dollar Listing”. Congrats to Samantha, Chad and Chris for bringing the show to Miami. Which neighborhoods/areas are your specialty? Not so much an area but a price point. I represent properties exclusively above $1 million. It’s not an ego thing, just a specific niche that I have worked hard to create market share and where I am very comfortable. Describe your working style: Casual but intense. I’m not wearing flip-flops but I’m not a suit-and-tie guy either. I always answer my phone and my clients know I am available 24/7. I don’t stop. What advice do you have for buyers? Indecision is your
enemy. You don’t need to make hasty decisions but if you like something, act! What advice do you have for sellers? Hire the best and brightest to list your home for sale. Interview more than one agent. Good agents don’t fear competition. Their clients and track record do all the talking. How does what you’ve learned about real estate help your clients? It allows them to be themselves. They can be calm, cool, collected or complete basket cases. It doesn’t matter because they have me. I’ve negotiated hundreds of successful transactions. I am tactfully aggressive, with a no-nonsense approach. They understand that I am in complete control of their real estate affairs. It’s all good. What’s the hottest listing you have right now? I have 14 listings right now, priced from $1.1M to $10M. Fantastic opportunities. Check out www.SneakPeak22.com for a glimpse of my latest, off the chain offering.
What professional accomplishment makes you the most proud? Following a very untraditional, unique and longwinding path into real estate (attorney and institutional trader), ultimately providing me serious edge, street cred and a fantastic career helping buyers and sellers in the luxury market. Are you involved in any charitable organizations? For years I have devoted time and money to Relay For Life, Wounded Warrior Project, Fisher House Foundation, Humane Society of Broward County and a host of animal charities/ shelters as my family and I
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, is also admitted before the United State District Court in the Southern and Middle Districts of Florida. Michael Bogen is assistant executive director of the Condo Council, which provides education to over 1,000 association members. If you have a related question, please send your emails to column@condolaw.com.
A.
Florida law states that an owner must receive a written receipt after turning in their candidate sheet
indicating they wish to run in the election. There is no requirement stated in the statute regarding exactly what time the candidate sheet must be turned into the association. The condo association is required to send out two notices of the election. The first notice goes out 60 days prior to the election. The second notice must go out between 14 to 34 days prior to the election. If the association did not place this owner’s name on the ballot, if the owner did not receive a receipt, and if the second notice was sent to the owners too far in advance of the election (and did not include that owner’s name on the second notice), the DBPR will likely require the association to hold a new election.
Q.
Our condominium association’s new budget for next year has increased by more than fifteen percent. I
What’s one thing people would be surprised to know about you? For as hardcore as I am in the field or at the office when I am working, I really like to read, write, relax and spend time with my family. I am as engaging as any of the guys you see on MDL in an agent capacity. But at home, I’m just dad, hanging with my wife and kids or playing fetch with 1 of my 3 dogs. Contact information: For immediate access, call my cell (954) 650-4443; and yes, I will answer so don’t be surprised.
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Condo & Must condo association hold a new election? H.O.A. Law Q. Our condo association recently had its annual election and an owner filed a complaint with the DBPR, a state agency that oversees association compliance, alleging that the association did not conduct the pre-election procedures correctly. First, an owner turned in candidate sheet indicating they want to run in the election; however, they turned it in at 4:45 on the last day to turn in the candidate sheets and the association required all candidate sheets to be turned in by 4:00. No written receipt of the candidate sheet was given to the owner. Second, the second election notice was sent about 40 days prior to the election. What is the likely outcome from such a complaint?
are passionate about dogs and horses.
submitted a request to the board for them to consider an alternate budget. Must the board consider my request to consider an alternate budget?
A.
An alternate budget will be considered if the board receives a written request for a special unit owner meeting from at least ten percent of the total units within 21 days after the board has adopted their budget.
Q.
At our annual meeting in our condo association, there were not enough owners to constitute a quorum for the purpose of electing new board members. Less than onehalf of the owners showed up, and I know that we need a majority of the owners at our meeting to have a quorum and properly
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conducted meeting. Despite the lack of quorum, the management company continued to count the ballots and the election continued. A few proxies indicating whom the owner wanted to elect as a director were also counted. Was the election invalid?
A.
Under Florida law, a quorum is not required in order to hold an election for the directors. The standard is lowered in order for the election of directors to actually take place in a state where many owners are not living in Florida full time. Only 20 percent of the owners must cast their vote in order for a valid election to occur. However, proxies are not allowed in condominium associations for the use of electing directors. Proxy voting for directors in HOAs is generally accepted unless otherwise stated in the HOA’s governing documents.