Mary Ann Meyerhoff, Unit Owner, In Re: Hickory Shores, Inc., Docket No. 2017005769, filed on February 6, 2017.; Whether the association can call government required safety equipment, through penetration firestops, an alteration by the owner and make ...

 

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 Mary Ann Meyerhoff, Unit Owner, In Re: Hickory Shores, Inc., Docket No. 2017005769, filed on February 6, 2017. The petition seeks the agency’s opinion as to the applicability of Section 718.115(1)(a), Florida Statutes, as it applies to the petitioner.

Whether the association can call government required safety equipment, through penetration firestops, an alteration by the owner and make an owner expense greater than 1/23? Whether the association responsible for the fair allocation of common element expense pursuant to Section 718.115(1)(a), Florida Statutes? Whether installation of government required fire safety equipment, through penetration fire stops, is a government required addition to existing common elements making it an association common expense? If the association is found to be responsible for the cost of the initial firestop installations for all 23 units, can unit 2 owners be reimbursed for the cost they paid? Whether adherence to the Fire Safety Code is remedied by the association admitting responsibility for the initial cost of through penetration firestops?

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: Robin E. Smith, 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.