Chelle Dainas, et al., In Re: Trails West Homeowners Association, Inc., Docket No. 2018006595, filed on February 6, 2018.; Whether the Association, pursuant to section 720.304(1), Florida Statutes, has unlawfully converted common area into a non-...

 

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 Chelle Dainas, et al., In Re: Trails West Homeowners Association, Inc., Docket No. 2018006595, filed on February 6, 2018.The petition seeks the agency's opinion as to the applicability of sections 720.304(1), 720.305(1), 720.303(1), 720.311(2)(a), Florida Statutes, as they apply to the petitioner.

Whether the Association, pursuant to section 720.304(1), Florida Statutes, has unlawfully converted common area into a non-common area, and can assess individual members for damages caused by other members when co-recreating? Whether the Association’s restrictive covenant, pursuant to section 720.305(1), Florida Statutes, constitutes a legal contract between the association and its constituent members? Whether the directors’ policy requiring members to enter into a separate rental contract to access or use the community building constitutes tortuous interference with the extant contract and covenant between the Association and its members? Whether Association directors, pursuant to section 720.303(1), Florida Statutes, violate their fiduciary duty by restricting members’ access to the community building? Whether an action for damages, pursuant to section 720.311(2)(a), Florida Statutes, can be brought against an individual director for violating their fiduciary duty?

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: 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. Responses, motions to intervene, or requests for an agency hearing, §120.57(2), Fla. Stat., must be filed within 21 days of this notice.