Page 11 - WFL Cooperator Fall 2019

FLCOOPERATOR.COM THE WESTERN FLORIDA COOPERATOR —FALL 2019 11 TAMPA CONVENTION CENTER THURSDAY, DECEMBER 5, 10AM-3:30PM FREE REGISTRATION: TAMPA-EXPO.COM THE COOPERATOR EXPO 2019 WHERE BUILDINGS MEET SERVICES EVERYTHING FROM A (ACCOUNTING SERVICES) TO W (WINDOWS). (Sorry, no zebra trainer this year.) 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 Western 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 Please submit Pulse items to David Chiu at david@cooperator.com