Page 18 - Boca Club News - November '23

Page 18, Boca Club News
Legal: Homeowners Association Bill of Rights

By Michael J Posner, Esq., a partner 6. The procedure for fining members has been refined directly or indirectly influence or deter a member from
in Ward Damon P.L., a mid-sized real to include a requirement that the notice of violation must voting attempting to secure a vote through promising
estate and business-oriented law firm state a description of the alleged violation, the specific anything of value and using or threatening to use violence
serving all of Florida, with offices action required to cure such violation, if applicable, and or intimidation to compel a member how to vote.
in Palm Beach and Lee County. the date and location of the hearing. After a fine is imposed, Most of the new laws are common sense or clarifying
They specialize in real estate law the Association must provide notice thereof to the member strengthening existing rules. While the new laws may
and can assist lenders, buyers and as well as any tenant if the property in question is leased not prevent future frauds, they do provide a stronger
sellers with purchases, loan closings along with written information on how the member or mechanism for punishment should those frauds occur.
and refinances of residential and tenant can cure the violation, if applicable. The fining I anticipate that the biggest issue will relate to the
commercial real estate. They can be reached at (561) 594- committees’ decision to impose a fine now only requires sharing of official records with members, failing which a
1452 or at mjposner@warddamon.com. a majority of the committee members to approve same as director or officer can be removed from office. I see some
In the wake of allegations of fraud in a large opposed to the previous unanimous requirement. upset members attempting to use this requirement as a
Homeowners Association community in South Florida, the 7. Adding criminal prohibitions related to fraudulent means of seeking the removal of directors and officers
Florida legislature passed the Homeowners Association voting activity that is punishable as a first-degree for which they have a conflict, even if their request (or
Bill of Rights to strengthen the homeowner’s association misdemeanor, including providing a false oath regarding multiple requests) are unreasonable or vague. That issue
laws in the State of Florida to provide new rights and a voting activity, attempting to perpetuate a fraud in will need to wait until a court review same to determine
protections for owners who reside in these types of connection with any vote, preventing members from the extent of the new law.
communities. voting, and menacing, threatening, or using bribery to
The community in question, known as Hammocks
Community Association, contains over 18,000 residents
and is the largest Association in South Florida. Several West Boca Medical Center Names
board members were criminally charged with stealing more
than $2 million worth of Association funds. The directors
created phony invoices for work that was never performed Jerad Hanlon As Its New Chief
with the monies being kicked back to them privately,
as well as falsely being employed by the Association, Executive Officer
receiving almost $1.7 million in salary for limited or no
services performed. The case is ongoing, and all directors
plead not guilty. Jerad Hanlon is and understands our community.
Changes adopted by the new law include the following appointed to the position These attributes will enable him to lead the continued
items: of chief executive officer elevation and expansion of services at this medical center.
1. Notices of Board of Directors meetings must now of West Boca Medical This will build upon the positive momentum that our
specifically set forth agenda items to be discussed at the Center (WBMC), effective high performing team at West Boca Medical Center has
Board meeting. October 9. Hanlon has a continued to support.
2. Any deposits received by an association to cover track record for leading Hanlon is a graduate of James Madison University,
expenses which may arise as a result of construction, leasing hospital operations, earning his Bachelor of Science in Health Administration.
or a rolling future assessment must be held in a separate elevating s ervice He went on to earn his Master of Health Administration
Association account and may not be co-mingled with excellence for patient from Virginia Commonwealth University.
Association funds. Association members are entitled to an care and expanding access West Boca Medical Center is part of the Palm Beach
accounting within seven days of a member’s request and any to high quality, specialty Health Network and has been serving southern Palm
unused funds must be refunded to a member within thirty days services. Beach and northern Broward counties for over 37
of the date on which the purpose of the deposit is completed. “Jerad is a steadfast hospital leader with dynamic years. WBMC offers general medical and surgical care,
3. An officer or director of an Association who capabilities and extensive knowledge of the market,” said orthopedics, a robotic surgery program, a state-of-the art
knowingly solicits, offers to accept, or accepts anything Eastern Group President for Tenet Healthcare, Maggie breast imaging center, women’s and children’s services
of value or kickback for which consideration has not Gill. “We are confident he will build upon the growth and and the only level III NICU in southern Palm Beach
been provided from any person providing or proposing to development initiatives already underway at West Boca County. Its two emergency centers, one at the main
provide goods or services to the Association, is subject to Medical Center.” hospital and the other in Coconut Creek, are open 24
monetary damages. Hanlon is familiar with West Boca and recognizes the hours a day.
4. A director or officer of an Association shall be important role the medical center has serving its greater For more information about West Boca Medical
immediately removed from office if they are charged by community. He is a proven healthcare leader with strong Center, its many Quality Awards or for a physician
information or indictment for any of the following crimes management and relationship building skills. Hanlon has referral, call (866) 904-WBMC (9262) or visit the
(i) forgery of a ballot envelope or voting certificate; (ii) theft experience partnering with physicians to develop and grow website at www.westbocamedctr.com.
or embezzlement of Association funds; (iii) destruction or clinical programs. He cares deeply about our staff, patients
refusal to allow inspection of the Association’s official
records; or (iv) obstruction of justice. Paid Advertisement
5. Directors or officers appointed by the Developer of
the community are now subject to disclosure requirements Adolph & Rose Levis Jewish Community Center • Phyllis & Harvey Sandler Center
relating to conflicts of interest as well as their relationship
to the developer.
Holiday Magic

Takes the Stage in Boca Raton!

DECEMBER 25, 4:00 PM
Aaron Kula and the
Klezmer Company Jazz Orchestra
A Very Jewish Concert on Christmas Day
NOV 29 - DEC 10 JAN 3-20 FEB 4-24

JANUARY 1, 2:00 PM
The Adams Family performs
MAR 13-24 APR 2-3
The Magic of Andrew Lloyd Webber

For tickets, call 561-464-3086 or visit levisjcc.org/sandler
Adolph & Rose Levis Jewish Community Center • Phyllis & Harvey Sandler Center • Toby & Leon Cooperman Campus
21050 95th Avenue S., Boca Raton, FL 33428