Timothy J. Sloan, Esq., In Re: Casa Blanca Resort Condominium Association, Inc., Docket No. 2016055595, filed on December 6, 2016.; Do the various elements of the Project constitute material alterations or substantial additions to the common ...  

  •  

    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 a petition for declaratory statement from Timothy J. Sloan, Esq., In Re: Casa Blanca Resort Condominium Association, Inc., Docket No. 2016055595, filed on December 6, 2016. The petition seeks the agencys opinion as to the applicability of sections 721.13(8), 718.113(5)(a) through 718.113(5)(c), and Section 718.112(2)(a), Florida Statutes, as they apply to the petitioner.

    Do the various elements of the Project constitute material alterations or substantial additions to the common elements, accommodations, or facilities of Casa Blanca? Can the board initiate the various elements of the Project without the approval of the owners under Section 721.13(8) of the Florida Statutes? If the answer to Question 2 above is no, can the Board initiate the Project without the approval of the owners under Sections 718.113(5)(a) through 718.113(5)(c) of the Florida Statutes? If the answers to Questions 2 and 3 above are no, can the Board authorize the Project based on the necessary maintenance and/or protection of the common elements exceptions to Section 718.112(2)(a), Florida Statutes? If the answers to Questions 2, 3, and 4 above are no, can the Board authorize the Project based on its health, safety, and welfare powers? Will the Division support the Board’s decision to initiate the Project under the business judgment rule?

    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, (850)717-1539, Danielle.Walker@myfloridalicense.com.

    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.

Document Information

Meeting:
sections 721.13(8), 718.113(5)(a) through 718.113(5)(c), and Section 718.112(2)(a), Florida Statutes
Contact:
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; (850) 717-1539; Danielle.Walker@myfloridalicense.com.