Francis N. Fulcher, In Re: Bayou Village Condominium Association, Inc., Docket No. 2016051925, filed on November 4, 2016.; Whether a properly noticed annual members’ meeting meets the requirements of section 718.112(2)(d)1., Florida Statutes, if ...

 

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 Francis N. Fulcher, In Re: Bayou Village Condominium Association, Inc., Docket No. 2016051925, filed on November 4, 2016. The petition seeks the agency’s opinion as to the applicability of Section 718.112(2)(d)1., Florida Statutes and Section 718.112(2)(d)2., Florida Statutes, as it applies to the petitioner.

Whether a properly noticed annual members’ meeting meets the requirements of Section 718.112(2)(d)1., Florida Statutes, if there is less than a quorum present? What is the remedy if a properly noticed annual members’ meeting at which less than a quorum is present does not meet the requirements of Section 718.112(2)(d)1., Florida Statutes? Whether the Directors, whom terms expire at such annual meeting pursuant to Section 718.112(2)(d)2., Florida Statutes, remain in office until a proper members’ meeting is held?

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: Robin E. Smith, Chief 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.