Barry B. Ansbacher, Esq. and Christene M. Ertl, Esq., In Re: Windsor Falls Condominium Association, Inc., Docket No. 2014044478, filed on October 21, 2014.; Whether the rental of new condominium units disqualifies a developer from claiming such ...

 

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 Barry B. Ansbacher, Esq. and Christene M. Ertl, Esq., In Re: Windsor Falls Condominium Association, Inc., Docket No. 2014044478, filed on October 21, 2014. The petition seeks the agency’s opinion as to the applicability of Section 720.301(1)(g), Florida Statutes, as it applies to the petitioner.

Whether the rental of new condominium units disqualifies a developer from claiming such units as being held for sale in the ordinary course of business pursuant to Section 720.301(1)(g), Florida Statutes; whether the failure of the developer to assert such rights constitutes a waiver; and whether a developer is entitled to exercise such rights in the ordinary course of business where economic circumstances limit new sales activity.

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: Brittany Finkbeiner, Chief 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), Fla. Stat., must be filed within 21 days of this notice.