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Florida Administrative Code (Last Updated: April 18, 2024) |
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61. Department of Business and Professional Regulation |
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61B. Division of Florida Condominiums, Timeshares and Mobile Homes |
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61B-78. Association Fee And Mailing Address; Cooperative Resolution Guidelines For Unit Owner Controlled Associations |
1(1) The educational resolution process, as detailed in these rules, is only applicable to unit owner controlled associations.
19(2) Alleged Initial Violation. An initial accepted complaint, directed at an association and involving a possible violation identified as minor in these guidelines, will be resolved as follows:
47The division will review the matter and will contact the association board by letter or telephone regarding the complaint. The division will provide educational materials or guidance to the association board to assist it with addressing the subject matter of the complaint and provide the association with the opportunity to respond. The division will notifiy the complainant of the educational resolution and the division’s complaint file will be closed.
116(3) Alleged Repeated Minor Violations. A subsequent accepted complaint that is directed at the same association involving a possible violation identified as minor in these guidelines will be resolved as follows:
147If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the association. The Warning Letter will give the association 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator’s name so that the association may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the association to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.
304(4) Alleged Major Violations. An initial accepted complaint that is directed at an association and involving a possible violation identified as major in these guidelines will be resolved as follows:
334If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the association. The Warning Letter will give the association 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator’s name so that the association may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the association to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.
491Rulemaking Authority 493719.501(1)(f) FS. 495Law Implemented 497719.501(1)(d)4., 498(m) FS. History–New 6-4-98, Amended 2-19-15.
