Pamela Jo Hatley PhD, JD, In Re: Mariner North, Inc., Docket No. 2017003250, filed on January 19, 2017.; Whether a dock located in navigable waters adjacent to the Condominium property is a common element under section 718.103(8), Florida Statutes, ...

 

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 Pamela Jo Hatley PhD, JD, In Re: Mariner North, Inc., Docket No. 2017003250, filed on January 19, 2017. The petition seeks the agency’s opinion as to the applicability of Sections 718.103(8) and 718.113(2)(a), Florida Statutes, as they apply to the petitioner.

Whether a dock located in navigable waters adjacent to the Condominium property is a common element under Section 718.103(8), Florida Statutes, association real property, or association property that is not real property, when Condominium unit owners and residents have free use of the dock, and Petitioner leases boat slips at the dock to unit owners on a first-come, first-serve basis. Whether, pursuant to Section 718.113(2)(a), Florida Statutes, a vote of 75 percent of the total voting interests of the association must be obtained to allow a unit owner to install a boatlift on a leased boat slip.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Danielle Walker, Administrative Assistant II, at Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, [phone], [e-mail].

Please refer all comments to: Megan Silver, Senior Attorney, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202. Responses, motions to intervene, or requests for an agency hearing, §120.57(2), Fla. Stat., must be filed within 21 days of this notice.