Albert Meyer and Susan Barbosa, In Re: Ocean Pointe I Condominium Association, Docket No. 2019055996.; Whether the statutory limitation to serve a maximum of eight consecutive years as a director in F.S. § 718.112(2)(d)2., includes years of service ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

NOTICE IS HEREBY GIVEN that the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Professional Regulation, State of Florida, received a Petition for Declaratory Statement filed by Albert Meyer and Susan Barbosa, In Re: Ocean Pointe I Condominium Association, Docket No. 2019055996, filed on November 1, 2019.

Whether the statutory limitation in F.S. § 718.112(2)(d)2 includes years of service prior to the effective date of the statute or only for those years thereafter and whether a director may run for re-election in an upcoming board election.

If subparagraph 718.112(2)(d)2, Florida Statutes, includes years of service prior to the effective date of the statute, do the statutes permit a director who resigns prior to an election, and who has already served more than eight consecutive years, to be appointed by the existing directors to fill a vacancy on the Board and then serve another eight years?

A copy of the Petition for Declaratory Statement, Docket Number 2019055996, 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 Nick DuVal, 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, subsection120.57(2), Fla. Stat., must be filed within 21 days of this notice.