John Baynes, Petitioner/Unit Owner, In Re: Lake Vista I, a Condominium, Docket No.: 2009061032; The Division declined to issue a Declaratory Statement because the Division cannot issue a statement when it would affect the interests of other unit ...

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 declined to rule on the petition for declaratory statement filed by John Baynes, Petitioner/Unit Owner, In Re: Lake Vista I, a Condominium, Docket No.: 2009061032 on November 17, 2009. The following is a summary of the agency's declination of the petition:
The Division declined to issue a Declaratory Statement because the Division cannot issue a statement when it would affect the interests of other unit owners, who are not parties to this action; or because the Division does not have jurisdiction to interpret and enforce unclear provisions in a condominium’s declaration as the interpretation of contracts is strictly a judicial function; or the Division may not issue a declaratory statement without reviewing all of the documents.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Division Clerk, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Janis Sue Richardson, Chief Assistant General Counsel, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.