Robert Primo.; 1. Whether the apartment unit balcony guardrails are a part of the unit, are appurtenances of the unit, or are common areas, pursuant to sections 719.103(7)-(8), 719.103(19), 719.103(25) and 719.1055(1), Florida Statutes. 2. ...

 

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 Robert Primo. The petition seeks the agency's opinion as to the applicability of subsections 719.103(7)-(8), 719.103(19), 719.103(25) and 719.1055(1), 719.1055(1)-(3), paragraph 719.106(1)(c) and subparagraph 719.104(2)(a)4 as it applies to the petitioner.

1. Whether the apartment unit balcony guardrails are a part of the unit, are appurtenances of the unit, or are common areas, pursuant to subsections 719.103(7)-(8), 719.103(19), 719.103(25) and 719.1055(1), Florida Statutes. 2. Whether redesigned railings are a material alteration or change in configuration or size, pursuant to subsections 719.1055(1)-(3), Florida Statutes. 3. Whether the association is permitted to make material alterations to the common areas without approval of two-thirds of the voting interest of the association, pursuant to subsection 719.1055(2), Florida Statutes. 4. Whether the board can hold “informal workshops” where business of the association is discussed without notice to unit owners, pursuant to paragraph 719.106(1)(c), Florida Statutes, and whether the board is required to keep minutes of “informal workshops” held, pursuant to subparagraph 719.104(2)(a)4, Florida Statutes. 5. Whether the beautification committee can hold meetings to take final action on behalf of the board without adequate notice to unit owners, pursuant to paragraph 719.106(1)(c) and whether the committee is required to keep minutes of the meetings held, pursuant to subparagraph 719.104(2)(a)4, Florida Statutes.

A copy of the Petition for Declaratory Statement may be obtained by contacting: the 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: Chevonne Christian, Chief Attorney, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202.