Minnenials Love that City Life

I can’t tell you how many times I have had a potential real estate buyer come sit with me in my office and tell me what she wanted in a new (or different) home. Normally buyers are not exactly sure what they want, I have sent many of them home with a pad and pencils, and the assignment to have a glass of wine and write down what they want in their next home. But mostly there are only two kinds of buyers, ones who already live in the area and are moving up or down; and buyers from out of town who now need to be in the area due to retirement or a job change. These buyers may also be moving up or down, but they generally don’t know the area, home prices and tax rates, (or even the local amenities, golf courses, marinas and quality of the schools), so they need information and almost always, hand holding. What brings this topic to mind is an article in the current Fortune magazine which takes the position that the demand for a home in the suburbs is dying: The End of the Suburbs. The article goes on to say that the suburbs were “ground-zero” for foreclosures and short sales and that the urge to own a large home on a large lot has waned. More and more buyers are choosing to move back into the cities. The story cites homeowners distaste for long commutes, the growth of suburban crime (and conversely less urban crime), the social aspect of having many nearby neighbors of all heritages, and the ability to walk to services and restaurants. Since WWII the United States population shift has been from the cities out to the suburbs, but now according to the author, that tide seems to be reversing. Even though the American dream of home ownership--meaning a cute house with a picket fence and enough lawn to toss a football or room for an outdoor play set, is still in the majority--there are families who are turning their backs on that lifestyle and are opting for a city based condo or apartment, or perhaps more of a planned unit development. Those who practice conspicuous consumption and live in a McMansion, or have a fancy waterfront home, or maybe an honest-to-goodness mansion--if they really want to flaunt their wealth--probably will never change their minds and join the smaller-is-better group. But there may be a trend here and it's worth watching. As I look at this trend, I assume that the shift here is really a generational shift, and not a “hey I have an idea, let’s sell the 4-bedroom home and buy a little apartment,” kind of a shift. I am a proponent of the old theory that “You Are Now What You Were Then”. This theory states that what ever was going on while you were in your teen years will affect you your entire life. Look at the years you were in your teens and see if this isn't right. I could see this in my parents who were in their teen years during the depression, and the days leading up to WWII. They knew what being poor was like--they saw their families lose almost everything. So they were careful with money their whole lives. And they feared war and were very vocal about national politics--because they had seen the results of world politics, League of Nations, et. al. leading up to the “big” one. Looking at the people in their 70's, who were in their teens in the 1950’s, these are the ones who saw their folks recently home from the war, strive to buy a little house, then a bigger one. They saw their folks being able--in some cases--to buy 2 cars, and take vacations. And today, these folks are restoring 1954 Chevy's and are retiring to warmer climates. They don’t mind taking risks, because in their teens and the years after, they saw many years of a good economy. And they have been the ones buying larger homes. Those who were teenagers in the 1960’s and are now in their 60's were affected by Viet Nam, the marijuana scene, psychedelic music and "peace and love". These folks are from the age of Aquarius, they are former hippies and the earth mothers and tree huggers. They have led the EPA and OSHA, and are behind the movement to remove the Glen Canyon Dam and save the Snail Darters and Scrub Jays. I believe these 60-somethings are the group that has moved back into the commune concept of city life--even if it is modified to become “The Villages”. Those who were teenagers in the 1970’s and 1980's , are the ones who are now evaluating “village vs. suburbs”. They are the helicopter moms and dads who hover over their kids, who arrange play dates and won’t let their kids walk to the school bus. You see them parked at the bus stop, which to me misses the point of having a publicly supported school bus system. If you’re going to get up, get dressed, and get in the car, you may as well drive the children to school, and save the tax-payers the cost of the bus. The first buyer I ever met who wanted to live in a “commune-concept” was a Canadian who was being transferred to New England, as I recall he was with Bauer Skates. These people wanted neighbors so close that they could shout to them if they needed help or were in some kind of trouble. It’s not that this didn’t make sense, but this is a foreign concept in New England. Everyone I was used to working with wanted PRIVACY. Large lots. Views (not of other homes), and well, privacy. Remember Robert Frost's poem, "Good Fences Make Good Neighbors"--that's the New England viewpoint. Oddly there was a brand new smallish subdivision under construction that offered homes on 1/5 acre lots that was exactly what this customer wanted--and bought. But specifically New Hampshire--home drinking water mostly comes from a private well and home sewage goes into your own septic tank and leach field. This is because most of the towns don't (or didn't) offer municipal services. This means that your water and sewage may require 1.5 acres so they can be far enough apart--just so you are not drinking your sewage. The smallish sub division I refer to was the first to be built on the new sewer system and in that part of town which already had “public” water--it was the first in which the zoning was adjusted to handle smaller lots. So will the trend of new buyers wanting to make the move back to the city get “legs”? Time will tell, but there seem to be no shortage of homes in the Englewood area that appeal to both those who need big, and those who prefer small clusters, so I think we're in pretty good shape for now. Dane Hahn is a real estate professional serving Sarasota and Charlotte Counties. You can reach him at 941-681-0312 or at Dane.Hahn@gmail.com. See him on the web at www.danesellsflorida.com

Florida HOA & Mortgage payoff question

Q: I am dealing with a HOA situation and am looking for some advice. I live florida and the home I live in is about to be foreclosed on. I have a feeling that the HOA association might come back and go after me for the back assessments. Knowing that you are on the HOA board how often due you go after people in these situations and, if so, what percentage of the back hoa fees have you settled it for ? I appreciate your help. Dane's Answer--I won't kid you, I'm no lawyer. I am on an HOA board and I am a Realtor. But the state of Florida frowns on Realtors practicing law, and so be aware: advice--as they say--is only as valuable as what you paid for it--and in this case my advice is free. I am not clear on whether or not you had declared bankruptcy, your email indicated that you might have done this in 2009, so assuming you did, most of your debts will have either been settled for something less than they were originally, or they will have been written off all together by your creditors. I will assume you did have a personal bankruptcy, and because the house was your principle residence, it was excluded. Now you are having trouble with the mortgage and are about to lose the home to the bank. The bankruptcy would have cleared any HOA fees that had accrued up until that time (2009) but not any HOA fees due and payable since then. On a brighter side for you, banks rattle their swords for a number of months before they strike. Meaning that you can probably live in the house for maybe many months even after they start foreclosure proceedings. At some point there will be an auction, and generally the bank will buy the property back at that time. Legally right now the deed is in your name, but the mortgage and note allow the bank to take back your deed for cause, (and that includes lack of payment) and sell the deed--ownership of the property--to the highest bidder. At auction there are usually nosey neighbors, investors, some hopeful buyers and a representative of the bank. Unless the auctioneer is able to get the bids up into the current tax assessed value range, and therefore sell the property to a member of the public, the bank will normally buy the property. If a sale is made to a member of the public, you will be moving out ASAP. Sometimes within 24 hours, so be aware that a quick move may be required. But usually the bank becomes the owner, and then it's pretty much business as usual around the house. The bank will likely be in touch and give you some options, (they may demand you to vacate, they may offer to rent the place to you, or they may send over the sheriff and change the locks) at this point get some legal advice, you should be able to afford a lawyer since you have not paid a mortgage or any rent for some time. But once the bank owns the property, the HOA indebtedness will switch over to them. And the HOA will place a lien on the bank and get paid when the property is sold the next time. But all HOA's act differently. Some HOAs are actual professional companies run by lawyers who know their stuff, others are run by an elected board of residents, who are most likely retirees. Just to give you a sense of the varying quality of these boards, Florida has a new law that says board members are required to sign a document saying that they have read the bylaws and covenants. Doesn't that give you a warm fuzzy? Q: I am on a fixed income, and get monthly disability. A financial planner has reviewed my accounts and suggests I pay off my mortgage to become essentially debt free, but this will use up about half of my savings. Is this a good idea? Dane's Answer--Here's my wishy-washy answer: yes and no. It's a great idea to be debt free, but given that you are not being pressured to clear out the mortgage by your lender, why would you want to be without half of your savings? So years ago my father-in-law wanted to buy a condo for his second retirement--after the home on Cape Cod (his first retirement home) became too much for him and his wife, and the Hyannis hospital was almost an hour away. So he found a nice condo in New Hampshire, near the kids and the local hospital, and then was faced with a way to pay for the property. He was surprised that at 85 he qualified for a 30 year loan. But he went ahead with that concept and moved to NH. When the house on the Cape sold, he paid off the mortgage. But getting back to your question, you will need a few sheets of paper and a sharp pencil to make your decision. Of late, very low mortgage rates have been available, most of them were advertised, and you may have seen them in the high 2%s. My suggestion is to refinance into a low rate mortgage, maybe even a 10 year term, and forget paying off the existing mortgage now. But do the math. What does it cost you now, and what will it cost you if you refinance? Any money you save will be additional income for you. But cutting your savings in half to pay off a loan that is not in trouble will put you in a bind if you need the cash at a future time. Once you've closed the note, the only way to get emergency cash back back would be to remortgage the home, so if you can comfortably afford it, make the adjustments available to you in refinancing now, and stay the course. Dane Hahn is a real estate professional serving Sarasota and Charlotte counties. You can reach him at 941-681-0312 or at dane.hahn@gmail.com. See him on the web at www.danesellsflorida.com

Detroit Blight Authority to tear down 30,000 Buildings

<!--[if !vml]--><!--[endif]--> <!--[if !vml]--><!--[endif]--> <!--[if !vml]--><!--[endif]--> Detroit has agreed to aggressively tear down abandoned homes and buildings through a pilot project dubbed the Detroit Blight Authority, (an unofficial name designation), that recently cleared out 10 blocks of property near Detroit’s Eastern Market. The U.S. Treasury Department has made $100 million available to Michigan for this effort.

There are still another 30,000 empty buildings in Detroit that qualify for razing.

The DBA  project is a partnership between the city and Bill Pulte, grandson of the founder of Pulte Homes. In just a matter of weeks, this partnership has removed dozens of abandoned structures and cleared brush and debris from 10 square blocks. Let’s say, it's a start...but there are still 29,980 buildings to go.

And Detroit has just discovered there’s a considerable cost related to owning vacant buildings. Because the impending bankruptcy has forced a review on where all the money has been going, it was just discovered the lights in many of these vacant buildings were still on and the city is still paying for the electricity, and the water and sewage are also still on, and so is the gas. Just turning off the utilities at these vacant buildings will save thousands of dollars, razing them will remove the “attractive nuisance” that a vacant building offers and will prepare the land for reuse.  Naturally the city hopes to receive a bailout, or at least federal funding for the project.

Bill Pulte emphasized that neither he nor the Pulte company has an interest in the land cleared so far or the plans to redevelop it. The Detroit Blight Authority (DBA) together with the Detroit Future City project want to right-size the city’s resources to reflect its much smaller population, now down over 65%  from the glory days of the 1960's.

Since the city filed for bankruptcy, the world's financial community has been watching their every move.  Once city managers determine that it's OK for a city to file for bankruptcy, it's assumed others will follow suit. Cities file under Chapter 9, and once they see just how the financial community handles Detroit, some say dozens of other cities across the country--including several in California will follow suit. Meanwhile, Detroit continues to be a tale of two cities. As Charles Dickens wrote of London, it was the best of times, it was the worst of times, the same can be said of Detroit. The business community keeps on doing what has to be done to run its businesses, whether the business is local, national or international. The dysfunctional city government's public bankruptcy has little to do with private business. The two have been functioning side by side for decades, so it's just more business as usual. The city's unions and retirees are screaming and shouting and filing lawsuits, all to no avail because the government will be run by a federal judge who has done this before, and he or she will have the ultimate say. The union leaders can scream and shout all they want, but it's only for the benefit of their membership. Once upon a time they could have negotiated, but they passed up the opportunity. That decision might have been political suicide. The city services will continue. In fact, the citizens might even see some improvement over the next few months as the solvency of the city improves. But the unions will have to beg for whatever is left, they will plead their cases, but it's the judge who will decide. It's too bad that it will be the retirees and bondholders who will be paying for the sins and actions of the city's free spending six decades. For many who have been enjoying the fruits of ill-conceived programs, their income streams will be abruptly coming to an end. It's a pity that Detroit came to see too late they simply can't continue with 60 years of political baggage and croneyism.  But the future city and her future generations will be far better off if their leaders learn the lessons this bankruptcy can teach.  Dane Hahn is a real estate professional serving Sarasota and Charlotte Counties. Reach him at 941-681-0312 or at dane.hahn@gmail.com. See him on the web at: www.danesellsflorida.com.

The National Association of RE Brokers.

I say it's time for the The National Association of Realtors (NAR) to change their name. They have really always been an association of real estate office owners, representing the Brokers not the Agents, (if you don't think so, just read their magazine, “Realtor”. But now that they have drifted off into data aggregation and sales, I say they should change their name to the National Association of Real Estate Listings.

NAR has been selling all the listings Realtors provide to their local MLS systems for years. Obviously this is a huge data file and a profit-center for the association. Generally listings held by Realtors account for about 80% of the home sales in the United States, and while that's an impressive number, it misses the other 20%. These listings include new homes under construction and for sale by home builders, used homes owned by banks and municipalities, rentals, FSBO's (for sale by owners who don't want to pay a commission) and so-called “pocket listings” known only to a few real estate agents, and offered quietly. This week NAR has approved changes to its operating agreement that allow realtor.com to publish listings from sources beyond those provided by their Realtor members. In other words, realtor.com will attempt to offer “all the listings.”


Consumers have long been able to access more than just the MLS through a host of real estate resources anytime, anywhere, from their desktops or their smart phones, whether it’s information about a specific house or inventory level in their community. These varied sources of information often cause confusion as consumers come across data that’s incomplete, contradictory, outdated, or flat-out wrong. They may lead buyers and sellers to erroneous conclusions about a home’s value, the prevalence of distressed sales, or frankly what's even for sale in a given area.


I have had a rash of calls over the last month from consumers who have discovered a listing—one which I sold 3 years ago to an investor, and then listed for rent. It was rented almost immediately and the tenant is still there and happy with the property, but somehow the listing has reappeared as currently for sale in some web site—I know not which--and so my phone rings.


Maybe this is a function of “scraping,” in which unscrupulous computer programmers write code that extracts information from Realtor web sites. The problem with scraping goes beyond the unsanctioned taking of content. It creates mountains of online real estate info that’s obsolete and inaccurate. Even legitimate sites can end up with imprecise information.


The problem of “bad data” includes these cyber errors, as well as scammers who pick up a real listing and then run it elsewhere (think Craig's List) as being for rent by owner. These guys claim to be out of state property owners, they will mail you a lease and with your deposit in hand they will send you the keys. (Remember since they don't own the property, you really shouldn't expect the keys to arrive right away.)
 
Zillow, the well known real estate site has acknowledged issues caused by their “Zestimates,” which generally give consumers unrealistic ideas of property values. Zillow says they try to come up with credible data, but say their software cannot consistently determine the exact worth of properties in all situations and settings.


Internet real estate listing sites rely on data that usually comes from real estate agents (though sometimes by way of an MLS or syndicator). Almost all of the data Realtors put into their MLS sites is then “borrowed or sold” to third-party national websites. Changes to a listing made after the initial listing appear immediately in the MLS, whereas there is always a delay before these changes make it into the third-party sites—if it ever does.

Over the years, the NAR has invested millions of dollars in building information technology to give consumers online access to real estate information. With the new decision to be a data aggregator, NAR is looking toward the future and not at their members—even though these changes to realtor.com may have a substantial impact on NAR’s members.

Can You Afford that House?

When my wife and I bought our first house, I was pretty sure I could handle the mortgage and the associated costs—which we generally call PITI (Principle, Interest, Taxes and Insurance) but I was blind-sided by the extras that I had not considered.

A home is a constantly evolving asset. There will always be costs associated with ownership, and normally when you least expect them. Just like everything else in life, surprise car and home repairs, unexpected medical expenses come when you absolutely don't expect them.

The day we moved into our first home, we suddenly needed curtains. And we needed extension cords, and bedroom shades and once we had been there for a few months, we needed storm windows, and a new hot water heater. Of course we needed a deck, and a new roof on the garage. Really, it never ends. So now when I talk to first time home buyers, I try to share that their offering price is not the last time you will decide how much you want to spend.

There are a ton of smaller costs that make up home ownership. Call them hidden costs, call them extras. They are there in every part of your life. A new dress may demand new shoes. A new car may require more expensive insurance and could include a whole list of accessories the dealer will offer. Buy a boat? Prepare to buy a trailer hitch for the car and a trailer for the boat. Our economic system is based on extras.

If you want a beautifully manicured lawn and trimmed hedges. Think about the maintenance and cost that look requires. Never had a yard before? Get ready to hire a yard service or buy a mower, edger, hedge trimmers, gardening tools, plant food, weed killer. No matter what, you’ll be spending more at your local garden center than you thought.

And don't underestimate the costs of furniture. Decorating a new home is expensive, even if you do it at Goodwill or a consignment store. And even if you already have enough furniture to technically fill your space, at some point you will probably decide it just doesn't look quite right. If you’re not in a hurry to buy furniture, remember to check Ebay and Craigslist to find great deals that will match your style. And remember, even when you are saving money, it's because you are spending money on the new digs.

The basic cost of living can vary widely from location to location. There are magazines that create grids which indicate the additional cost of moving from suburbs to cities. Often these costs are ongoing, like food. So be sure to check out prices at grocery stores, local restaurants, gas stations, and dry cleaners. Even your daily commuter costs can add up to a big chunk of change. States like New Hampshire have no sales tax and no income tax—that's a bonus. But a hidden cost is the very high property taxes in the “Live Free or Die” state.

Moving to the new home may be fun for the family, but there are the moving costs to consider. It’s not just the cost of the moving truck or movers themselves. Consider things like moving insurance, the price of gas, and charges for things that you choose to do yourself. Cardboard boxes, paper, tape and blankets can add up.

Your first week or so may include lots of restaurant food. Once you've found the pots and pans there’s still the price of buying that first round of groceries to fill your completely empty fridge and pantry, plus paper products and more. And then you have to buy things like curtains and cleaning supplies, shower curtains, and other home necessities. The expenses in the first couple weeks of your new place add up fast.

New homes never have bugs, right? But then again, you may be surprised to see ants and other tiny creatures seeking comfort in your home. You may find yourself spraying the corners occasionally, and maybe even paying for a pest control service. Paying for regular inspections may feel like unnecessary money to spend, but if you’re in a termite-prone location, it may save you big bucks over time.

Turn off the lights all you want, but until you’ve lived in a house for all four seasons, you won’t know how much energy you’ll use. You may find your refrigerator is sucking up your electricity budget or you're suddenly paying hundreds of extra dollars a month for air conditioning or to operate a balky pool motor. Then add in the unbelievable costs of telephone, internet and cable, plus municipal charges for water, garbage, sewer, and the rest.

Only after you’ve been in the house for a year, will you have a solid idea of what that house costs, and only then can you make educated decisions on investing in things like more energy efficient appliances, HVAC, solar panels, thermostats and windows. Do the math to see what those upgrades will save over time, because although they may cost a lot upfront, when amortized over a few years, they may be worth it. And there are still some Federal savings for upgrading air conditioning or adding solar.

Dane Hahn is a real estate professional. You can reach him at 941-681-0312, or by email at dane.hahn@gmail.com. See him on the web at www.danesellsflorida.com

Detroit Goes Down the Drain

The governor of Michigan appeared on the Sunday news shows with his comments on the proposed bankruptcy of Detroit. I knew the city was a mess—but I never dreamed they had $18,000,000,000 in debt and 78,000 abandoned structures throughout the city. This is a city that today has only 700,000 residents—but once had 2 million.

Today's story goes back 60 years, when Detroit was the job center for manual labor. 60 years ago life in the United States was quite different than it is today. Back in the early 1950's the baby boom was on, the soldiers were home from WWII, and were starting families. America was THE powerhouse in the world. Thousands of suburbs were springing up, there were not enough houses for all the families that the war had created. And the new houses came with 2-car garages. Young families went for Sunday drives. Gas was cheap. I remember being on a Sunday drive with my parents and we came to an intersection where there were four gas stations, one on each corner, these stations were in a gas-war. Their prices were 11 cents a gallon, I'd say that was probably 1952.

Detroit was the only city in the world that was building cars. Really. The US had recently decimated Japan and Germany in WWII, and bombed their factories to eliminate their ability to build much of anything. All the world's other countries were basically third world nations when it came to building cars. Germany managed to develop the VW, but compared to American cars, it was tiny and slow and who cared about gas economy when gas was so cheap. My dad used to say, “if you were going to be in an accident, would you rather be in a VW or a big strong American car?” It made sense.

And so Detroit was the clear winner, that's where the jobs were. Especially if you were a recently discharged soldier looking for a good paying job—or if you were without a high school diploma, maybe a child of parents who were farmers, or a child of coal miners, or just without much in the way of job prospects near where you had grown up. The jobs were in Detroit, all the roads went there, and the unions wanted you to come on up and join both the company (and the union). And so the move to Michigan was on.

If you fast forward 30 years, (think the 1980's) there was trouble in paradise. Japan's Toyota and Honda were eating Detroit's lunch, Germany was churning out VW's, Mercedes and BMW's, and the world noticed that the European and Japanese cars were DEPENDABLE and didn't rattle like American cars. Older Americans (like my dad) thought that Consumer Reports Magazine was anti-American by picking Toyota as their car of the year back then.

And still, Detroit didn't really notice. The overall market for cars had gotten bigger, so who even noticed market-share, The planned obsolescence built into the American cars meant that they were on the road for only a half dozen years and then they were “retire” to a junkyard, and Detroit would sell a new one. And then the consumer's mindset began to mature, Volvo began advertising that 95% of the cars they had sold over the last 15 years were still on the road, and people listened. VW advertised that the “bug” made your garage seem bigger, and people paid attention.

But in Detroit, the music kept on playing. Jobs there paid 3 or 4 times as much as elsewhere, and came with health and life insurance and big retirement benefits. Life was good. If you needed more money, tell the shop steward you need some overtime, and you would consider working weekends and holidays. Meanwhile, Nero fiddled as Detroit burned. Market share was dwindling and the core business was in decay. Those who might have dealt with that issue just kicked the can down the road. Americans were blindsided by Corvettes and T-birds and Mustangs and mini-vans. But the workers weren't blindsided, they did what workers do, they kept going to work and demanding raises--even when there were fewer cars to build and less to do. After all, you may as well take what you can while the music was playing.

But this week the music stopped. The city filed for bankruptcy. 60 years after the boom, Detroit is busted. This will be a huge issue for holders of Detroit's municipal bonds and for the retirees who are living on a monthly check from the city, for them the future is cloudy. A true bankruptcy will freeze the city's books and review the sources of income the city actually can depend on (taxes, tolls, fees, sales of assets etc.) and based on that, the court will restructure who gets paid first, who gets paid next and so on, until all the money is spent. Probably current employees (police and fire, transit and maintenance) will get paid first, but their retirement plans will likely go underfunded. City infra-structure will be somewhere in the middle with a probable cut or buy-out of retirees benefits. My guess,  bondholders are probably going to be out of luck. This is a painful process, but it is the best way to start over, and it's time for Detroit possibly Los Angeles and maybe some other American cities to take this step.

So when we look around Sarasota and Charlotte counties and see some abandoned buildings, think for a minute about how good we have it. Detroit has 78,000 empty buildings. So many that the city, state and Federal government are considering creating a partnership to knock them down. 2/3 of the residents have left, and the city is $18 Billion in debt. I see lots of Michigan license plates around Englewood too, so I know this topic is closer to home than the map might indicate.

Dane Hahn is a real estate professional serving Sarasota and Charlotte counties. He can be reached at 941-681-0312 or by email at dane.hahn@gmail.com See him on the web at www.danesellsflorida.com

Condo Regulations--Florida

A couple of weeks ago I discussed the new changes to Florida's State regulations for HOAs (Home Owner Associations).  This column is the second part of the new changes and deals with the Florida regulations for Condo Associations. These changes to Florida Statutes are worth reading, and became effective on July 1st. 2013. 

Florida Statute 718.112(2)(c)3 allows for a Condo Association Board to hold closed meetings for the purposes of discussing matters that pertain to personnel, but an attorney must still be present when discussing any  pending litigation or in order for any other type of closed door meeting to be held.

Florida Statute 718.116(11) clarifies laws dealing with the directing of rents (from a tenant in a property) directly to the Association if the owner of the property is delinquent in their assessments. The new laws clarify that upon written notice from the Association, a tenant is responsible to make all subsequent rental payments to the Condo Association until all monetary obligations of the unit owner (that concern the unit the tenant is living in) have been paid in full.

Florida Statute 718.111(12) clarifies that “personnel records” are records that pertain to both the Association’s employees as well as the Association’s management company’s employees. It states that “personnel records” cannot be accessed by owners; however written agreements between and Association and their employees or management company, as well as financial and budgetary documents that show the compensation paid to an employee are available to owners.

The new law also provides that unless an owner consents in writing to release personal identifying information (such as email addresses, phone numbers and alternative home addresses) the owner’s email addresses and fax numbers may not be released or made available to other owners.

Florida Statute 718.112(2)(d) Provides that if a Board member’s term is set to expire at the annual meeting of the Condo Association , but there are no candidates, the Board member’s term will not expire.

If there are fewer candidates for Board positions than the number of Board positions expiring at the meeting, then all candidates shall become members of the Board, upon the close of the meeting.

If there are any Board positions that are not filled, an affirmative vote by a majority of the Board (even if there is just one person on the Board and no quorum) shall be used to fill the openings on the Board. A Board candidate must be eligible to serve on the Board. Florida Statute 720.306(9) now states that any owner who is more than 90 days delinquent in making payment of any assessment or fine, or has been convicted of a felony in Florida (with some exceptions as to having their civil rights restored) is not eligible to sit on the Board. It also allows for any actions by the Board in which a member of the Board is/was ineligible to sit on the Board, to still be valid, despite the ineligibility of a member.

Florida Statute 718.116(1)(b)2 states that when an Association takes title to a property through foreclosure (based on unpaid assessments), the Association is not liable for unpaid assessments, interest, late fees, costs, or attorney’s fees that were incurred by a Master Association (one that has a superior interest on the property) prior to the Association taking title.

Florida Statutes 718.303(3)‐(6) state that a Condominium Association Board can suspend the voting and use rights of a owner who is more than 90 days delinquent, but it must be done at a duly-noticed Board meeting, and the Board must set forth in writing the suspension and deliver it (by mail or by hand)14 days prior to a hearing relative to the implementation of suspension of use privileges, as well as fines for the any party’s failure to comply with the governing documents.

For the failure of any party to comply with the Association’s rules, regulations, and governing documents, the Condo Association can suspend the rights of an owner and/or his tenants as well as guests or invitees to use the common areas including pools or health clubs, and other facilities of the Association (but not roads or gates) for a “reasonable period of time”.

Florida does not appreciate Realtors practicing law (without a law license) so let me state the above is data from internet sources and is informational only. Specific questions relative to this column should be addressed to a lawyer. Dane Hahn is a real estate professional serving the Suncoast of Florida's Sarasota and Charlotte Counties.  He can be reached at dane.hahn@gmail.com or at 941-681-0312.  See him on the web at www.danesellsflorida.com