REALTOR® OF THE WEEK Continued from page 1
What made you get into real estate?: I was always passionate about all things regarding real estate, such as the art of the deal, interior design, architecture and landscaping. I was the guy at Publix taking every real estate magazine off the rack to thumb through. Real estate was a profession that always interested me. What separates you from other Realtors®?: It is my passion, presence and knowledge, plus the law background and serious negotiating skills. I’m 44 years old. If I were 15 years younger, there would be a “Million-Dollar Listing Fort Lauderdale” in the works. 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. I’ve worked hard to create market share, and that’s 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.
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.
to Relay For Life, Wounded Warrior Project, Fisher House Foundation, and a host of animal charities/shelters, as my family and I are passionate about dogs and horses.
What advice do you have for buyers? Step up. Don’t look at buying a home strictly as an investment. It’s where you will live and raise your family.
What’s the hottest listing you have right now? That’s a loaded question. My answer is too many. I recently landed the exclusive right to represent Landmark Ranch Estates, Southwest Ranches’ ultra-luxe community. I also just listed one of the most beautiful homes in Parkland’s BBB Ranches. Amazing opportunities. I’m very thankful for all of my clients.
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 Million Dollar Listing in an agent capacity. But at home, I’m just dad, hanging with my wife and kids, or playing fetch with one of my four dogs.
What advice do you have for sellers? Hire the best and brightest to list, market and sell. Interview more than one agent. Choosing an agent without speaking to a few others, is like walking into the first home you see and buying it. How sure can you be without something to compare? How does what you’ve learned about real estate help your clients? Tremendously! 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
What professional accomplishment makes you the most proud? I would say it’s my steadfast determination. I am constantly striving to improve myself, grow my business, expand my network and provide superior service to my clients. Are you involved in any charitable organizations? For years I have devoted time and money
Contact information? For immediate access, you can reach me on my cell phone at (954) 650-4443, and yes, I will answer, so don’t be surprised. My email is kapit.j@ewm.com, and for social media junkies — especially Twitter and Insta gram — it is @JasonKapitFTL.
Condo & Pool regulations, board response time and open meeting regulations H.O.A. Law Q: A:
Mark Bogen Mark Bogen has been practicing law for 27 years. He specializes in condo and homeowner association law and is the managing partner of the Bogen Law Group in Boca Raton, Florida. Bogen authored the book What every Condo Owner Should Know. If you have a related question, please send your emails to mark@condolaw. com.
The board of directors of our condo recently passed a rule stating that unit owners cannot use the pool after 10 p.m., and that the pool gate will be locked. During the summer we were able to use the pool anytime, without restriction. The board claims that it can make reasonable rules regarding the common elements and they believe it is not safe to have the pool open after 10 p.m. Does the board have the authority to make this kind of rule?
A:
Generally, the board does have the authority to make reasonable rules and regulations regarding the use of the common elements.
Q:
In your previous column, it was stated that if a unit owner wanted an answer from the association, that unit
owner would need to send a certified letter to the board. I sent a certified letter to the board and have been waiting several weeks for a response. Can the board wait forever to answer me, or are they required to answer me within a certain time period?
A:
Florida law specifically states: “when a unit owner files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days of receipt of the inquiry. The board’s response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the division. If the board requests advice from the division, the board shall, within 10 days of its receipt of the advice,
provide in writing a substantive response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney’s fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry.”
Q:
I am a board member of a condo in Pompano Beach, and it’s my understanding that all board and committee meetings are to be open to all unit owners. My fellow board members claim that there are certain instances when unit owners do not have the right to attend a meeting. Can you tell me the law regarding this matter?
The requirement that board meetings and committee meetings be open to the unit owners does not apply to: 1. Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or 2. Board meetings held for the purpose of discussing personnel matters. You need to consult with your association attorney to discuss what meetings can be “closed” and those that must be open to unit owners.