Page 11 - SFL Cooperator Fall 2019

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THE SOUTH FLORIDA COOPERATOR —
FALL 2019
11
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2019
WHERE BUILDINGS MEET SERVICES
serves on a subcommittee before becoming a
board member.”
In Jordan’s experience – and he has ern fairly and effectively. Younger people
served for many years – it wasn’t always bring fresh ideas, and older people bring
that way. “Many years ago, the demograph-
ics were older for board members,” he re-
calls. “Committee involvement has gotten for co-op and condo communities, I like a
younger people involved. Last election we mixed board,” Hakim says. “You get both ex-
had nine people running for three positions, perience and energy.”
and many candidates were younger people.
“Older members,” he continues, “share
institutional knowledge with younger mem-
bers for better decision making. Usually we
are not really far apart on things anyway.
Differences of opinion tend to be about ap-
proach rather than age.” The main flash-
points tend to be about capital improve-
ments. “Older board members tend to be
more conservative and cautious, but they are
willing to listen.” Jordan also says that the
board tries to spend money on things that
don’t exclude people. So for instance, they
have both indoor and outdoor play areas for
children where pizza nights are held weekly
– but residents without young children aren’t
excluded from the activity. They are also
rewriting some house rules right now and
seeking cross-age participation.
Enza Guida is the secretary/treasurer of
Bay Park Towers, a 254-unit condominium
located in the Edgewater section of Miami.
She has lived in the property for approxi-
mately four years, and this is her first year on
the board. The building has a five-member
board.
Guida explains that when she moved into
the property, the board was dominated by
older residents. During a renovation of the
lobby, many residents felt that the board
didn’t give them a say in the project, mak-
ing decisions without input from the other
owners. People wanted change, and more of
a voice – so they spoke with their ballots at
the next board election and voted in several
younger members. The result of the turn-
over is that four of the current board mem-
bers are in their 40s or 50s. “Younger people
bring ideas,” Guida says. “New board mem-
bers pushed through the idea of redoing the
floors, and the older members like the idea.
There’s more listening going on than before.
The new board wants to listen to opinions
and voices.”
Perhaps in the end, diversity by age, as in
other areas, adds to a board’s ability to gov-
prudence and experience. These two fac-
tors can balance governance. “As an attorney
n
A J Sidransky is a staff writer/reporter for
The South Florida Cooperator and a published
novelist.
iums are not governed by the Americans
With Disabilities Act (ADA) but would
be governed by the Fair Housing Act,
which requires the association to make
reasonable accommodations in its rules,
policies, etc., to allow a disabled owner or
resident the equal right to enjoy the use
of their home. In this instance, based on
the facts provided, it is my belief that if
a unit owner has been lawfully issued a
handicap parking decal by the state, that
the association has no right to question
same. Along those lines, the unit owner
in question would lawfully be allowed to
use the handicap space for his/her sec-
ond car if there is a handicap placard or
license plate displayed.
“Please note that my answer on this
would likely be different if unit owners
were not given the right to have a second
assigned space under a program or rule,
which I suspect is contrary to the gov-
erning documents. However, returning
to the original parking scheme would re-
quire some tough decisions and potential
legal conflict, which the board may not
wish to visit.”
When Husband and Wife Serve on the
Board Together
Q
Can a husband and wife serve at
the same time on a condo board,
or is it a conflict of interest? The
husband is the president, and the wife is the
Q&A
continued from page 5
treasurer. There are three board members
in a 13-apartment condo complex.
—Considering the Ethical Implica-
tions
A
“A husband and wife, or
other
co-owners,
who
jointly own a unit in the
condominium may not be able to both
be serve on the board,” says shareholder
James Robert Caves III for the law firm
of Becker in Fort Myers, “but it would
not be because it is a conflict of interest.
Rather the Condominium Act, Chapter
718, Florida Statutes, restricts co-owners
from serving on the board together. Sec-
tion 718.112(2)(d)2., Florida Statutes
provides in relevant part as follows:
In a residential condominium as-
sociation of more than 10 units or in a
residential condominium association
that does not include timeshare units or
timeshare interests, co-owners of a unit
may not serve as members of the board
of directors at the same time unless they
own more than one unit or unless there
are not enough eligible candidates to fill
the vacancies on the board at the time of
the vacancy.
“Therefore, if the husband and wife
were co-owners of more than one unit
in the condominium, or if there were
not enough other eligible candidates to
fill the vacancies on the board, then both
would be permitted to serve on the board
at the same time. If, however, neither of
the statutory exceptions applied, then
co-owners could not serve on the board
together. So for example, if they both
deiced to run in a contested election for
the board, one of them would have to
forgo serving on the board, even if both
of them would have been elected to the
board by the members.”
n
Florida. He also discussed his company’s
recent projects in the Tampa Bay area, includ-
ing the luxury condo development Marina
Pointe as well as the Grove Resort and Water
Park in Orlando, and the Westshore Marina
district in Tampa, an indication of how the
multifamily market remains the engine of
Tampa’’ real estate industry. “Tampa is one
of the top U.S. markets in terms of job and
population growth,” he told
Multi-Housing
News.
“As long as those fundamentals remain
in place, the multifamily sector should do
well. So far, we don’t see signs of an economic
slowdown in this market.”
Transactions
$75M Miami Penthouse Comes With Free
Hypercar
The Aston Martin Residences tower in
Miami, which is scheduled to be completed
in 2021, is offering what may be the coolest
perk ever with the purchase of its $75 mil-
lion penthouse. According to
GQ Australia,
a $4.4 million dollar Aston Martin Vulcan
hypercar will be thrown in for free as part of
the deal. The other features of the 66-story
residential building aren’t too shabby either:
a double-level fitness center, a full-service
spa, a boxing gym, and a spinning studio are
among the Residences’ amenities.
Miami Beach’s Ritz-Carlton Residences Is
Now Welcoming Occupants
The Miami Herald
reported that a new
Ritz-Carlton Residences in Miami Beach
is ready to open for business. A temporary
certificate of occupancy was granted to the
development, which consists of 111 units and
15 villas. Prices for the homes begin at $2 mil-
lion; a large two-story penthouse was worth
$40 million a year ago. More than 70 percent
of the residences have been reportedly sold.
A permanent certificate of occupancy still
needs approval from the city of Miami.
n
Disclaimer: The answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding
your specific circumstances. Always seek the
advice of competent legal counsel or other
qualified professionals with any questions you
may have regarding technical or legal issues.
PULSE
continued from page 4
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David Chiu at
hannah@cooperator.com