Page 14 - Boca Club News - March '21

Page 14, Boca Club News
Legal: Association Documents

By Michael J Posner, Esq., a partner may use truncated names. Both counties allow for limiting something similarly named), which may be amended from time
in Ward, Damon, Posner, Pheterson & searches by specific document types. Palm Beach County to time. Like condominiums, the articles and bylaws may be
Bleau, P.L. a mid-sized real estate and allows searches for the Condominium Declaration by using incorporated as exhibits to the Declaration of Covenants, but
business-oriented law firm serving all the code CND; and for amendments by using the code CND in many cases they are recorded as standalone items, and they
of South Florida, with three offices in A. Homeowners Association documents may be searched by may also be amended from time to time. While the Rules and
Palm Beach County. They specialize in using the code RES. Broward County allows you to search Regulations of a Condominium Association do not need to be
real estate law including condominium only for Condominium Association Documents using the code recorded, Florida laws require Homeowners Associations to
and homeowner’s associations. They Condominium Documents (CDO) and Restrictions and Related record the Rules and Regulations and all amendments thereto.
can be reached at (561) 594-1452 or Documents (RES) for Homeowner’s Association documents. Some Associations are also subject to a Master Association.
at mjposner@warddamon.com Please note that these codes are not perfect and may not show The Master Association is generally governed by the Florida
Florida law provides extra protection for purchasers of all documents due to indexing errors or due to other factors. Homeowners Association Act, and therefore the same
property located within a homeowners or condominium For Condominiums there must be a recorded Declaration disclosure as homeowner’s associations must be made if there
Association regarding the Association Document. Association of Condominium, which may be amended from time to time; is, in fact, a Master Association governing your community.
Documents are the governing documents of the Association the Articles, which may also only be recorded as an exhibit The Master Association documents are also recorded in
which include the Declaration, the formation documents for to the Declaration of Condominium only, which may also be the same manner as Homeowner’s Associations governing
the Association as a Florida corporation not-for-profit, rules amended from time to time; and the By-Laws, which may documents.
and regulations and other applicable documents. also only be recorded as an exhibit to the Declaration of By preparing in advance and ensuring that you have all
Under the Florida Condominium Association Act, sellers Condominium only, which may also be amended from time of your Association’s Governing Documents (including any
are obligated to provide buyers with a current copy of the to time. master association), and keeping same updated annually,
Declaration of Condominium, Articles of Incorporation, For Homeowner Associations there must be a recorded will make selling your property easier and prevent possible
By-Laws, Rules and Regulations, Association financial Declaration of Covenants, Conditions and Restrictions (or headaches during the contract phase of your sale.
information, Frequently Asked Questions and Answers (FAQ)
and the Governance Form. Failure to provide the required
Association Documents grants the buyer up to three days after Vine Trivia Uncorked
a buyer receives the full package of documents the right to
cancel the contract.
Under the Florida Homeowners Association Act, sellers
are not obligated to provide copies of the Association
Documents, but are required to provide a disclosure to buyers By Laura Berrio, Standard serving sizes of all alcohol beverages – beer,
describing the covenants, assessments and restrictions for the Freelance Writer/Blogger wine, and liquor – are equal in alcohol strength and effect
Association and directing buyers to review the “…Covenants 1. What temperature on the body.
and the Association Governing documents before Purchasing should red wine be stored at 7. What type of wine has the lowest calories?
Property.” Failure to provide the required statutory disclosure and served at? Dry and low alcohol content wines are the lowest in
grants the buyer up to three days after a buyer receives the Red wine should be stored at calories … although I would rather drink what I like and
completed disclosure the right to cancel the contract. 55 degrees in a wine refrigerator cut calories somewhere else!
Many homeowners do not have any or all of their or cellar. Red wine should be 8. What happens to red and white wine as they age?
Association Documents. Either they did not receive them when served at room temperature Red wine gets lighter in color and white wine gets
they purchased the property, they threw them away, or they … to clarify … not room darker in color.
only have a portion of the required documents, and therefore temperature here in Florida! 9. How much pressure is there in a bottle of
cannot deliver the required Association Documents. For Room temperature in a nice cool wine cellar …70 degrees. Champagne?
example, the declaration, articles, and bylaws are frequently 2. What color grapes are used to make white wine? The pressure in a bottle of champagne is 90 pounds
amended. Many associations also adopt new or amended Red grapes! per square inch, about three times that in your automobile
rules and regulations. The financials and Frequently Asked 3. How many grapes does it take to make a bottle of tire.
Questions are updated annually, and the state may amend the wine? 10. Are you scared to open a bottle of Champagne?
Governance Form. On average it takes 736 grapes to make one bottle. Now you have a reason to be! How fast does a cork
As these documents are all official records of the 4. How many bubbles in a bottle of Champagne? travel when you open it?
condominium or homeowner’s association, a homeowner is Almost 58 million! A flying cork can travel up to 50
entitled to copies of all of the current Association Documents 5. Is the practice of walking on grapes (think I Love miles per hour.
upon written request. If you are preparing to sell your property, Lucy) still used in wine making? ~Cheers
it is imperative that this request be made in advance of the It is! Usually when producing small quantities of high ~Keep the conversation going and
contract so that you do not extend the buyer’s right to cancel end port wines. the wine flowing!
because you have not timely provided all of the required 6. What has the highest alcohol content: wine, beer Follow the Vine on Instagram
documents or have not obtained the necessary information to or whiskey? @VineVibeUncorked.
®
complete the disclosure. Many people rely on their Realtor to Paid Advertisement
address these issues, but I recommend that proactive planning
®
be done rather than relying simply on a Realtor to make sure
that these requirements are met, and a buyer does not end up
canceling your contract. Everyone deserves a doctor who they
Many of these documents can be found in the official
records of the county wherein the property is located. In Palm trust and like. One who listens and
Beach County, the official records may be searched at this web
address: https://tinyurl.com/qejqo. In Broward County the takes their time to answer questions
official records may be searched at this web address: https://
tinyurl.com/ycmj9fce. These official records are indexed by and address concerns. A doctor who is
name, but as many Associations have long names the indexes
available when you need them most.

Medical Matters from page 13
clout, even into AMA-sponsored lobbying efforts. They will I provide proactive, preventive, wellness & sick care to
probably continue to raise fees to cover all the increased adult patients at my concierge medical practice.
expenses of running a modern-day practice. They have become
more selective in taking on the non-emergent treatment of
high-risk potentially litigious patients. Of course, the public To discuss your health needs, and my care model, you
must be protected from wrong-doing and injured parties fairly
compensated, but our lottery-oriented society has spawned those are invited to a complimentary meet and greet with
who seek a financial bonanza. Excessive and highly publicized me - by video, phone or, when the pandemic permits,
awards, especially in the media, have encouraged a plethora of
frivolous law suits which have resulted in inordinate delays in in-person at my practice.
the adjudication of legitimate cases. Yet the public is apathetic
and has failed to demand that the legislature address these issues. Please call 561.368.0191 to schedule your meet and
Having retired more than 27 years ago I have few regrets.
I am deeply grateful to my patients who gave me their trust, greet with me. I look forward to meeting you.
confidence and affection, all of which made my life more
meaningful and enabled me to provide a good life for my family. Steven E. Reznick, MD, FACP
My son has fortunately been part of a large highly specialized Recognized as a “Best Doc”. Practicing in our community since 1979.
group practice, and he has been protected and spared from much
of what I have described. However, I remain very apprehensive
about my grandson as to what he faces in the future. As a bright, 7280 W. Palmetto Park Road | Suite 205N | Boca Raton | 33433
compassionate, caring, enthusiastic young man, will he have the ww.BocaConciergeDoc.com
opportunity to successfully practice medicine and enjoy all the
rewards it offers, or will it break his heart?