Steven Jushchyshyn, In Re: G.B.S. Condominium Association, Inc., Docket No. 2014001340, filed on January 8, 2014.; Whether G.B.S. Condominium Association, Inc. may use the 2014 proxy at the annual meeting, where the proxy erroneously identified the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

NOTICE IS HEREBY GIVEN that the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Professional Regulation, State of Florida, has received the petition for declaratory statement from Steven Jushchyshyn, In Re: G.B.S. Condominium Association, Inc., Docket No. 2014001340, filed on January 8, 2014.The petition seeks the agency’s opinion as to the applicability of Sections 718.112(2)(b), (2), F.S., 718.111(13)(d), F.S., and 718.112(2)(f), (4), F.S. as it applies to the petitioner.

Whether G.B.S. Condominium Association, Inc. may use the 2014 proxy at the annual meeting, where the proxy erroneously identified the association as “Gardens @ Bonita Springs Condominium Association, Inc.” under Section 718.112(2)(b), (2), F.S. Whether G.B.S. Condominium Association, Inc. may vote to waive the 2013 financial report at the 2014 annual meeting occurring in 2014 under Section 718.111(13)(d), F.S. Whether G.B.S. Condominium Association, Inc. may use the 2014 proxy regarding waiver of the 2013 financial report at the annual meeting, where the proxy did not include a bold warning statement under Section 718.112(2)(f), (4), F.S. Whether G.B.S. Condominium Association, Inc. may use the 2014 proxy regarding waiver of reserves for 2014, where the warning statement is not larger than any other font used on the face of the proxy under Section 718.112(2)(f), (4), F.S.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Danny Brown, Administrative Assistant II, at Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217; [phone], [e-mail].

Please refer all comments to: David N. Perry, Senior Attorney, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2202. Responses, motions to intervene, or requests for an agency hearing, §120.57(2), F.S., must be filed within 21 days of this notice.