Alberto M. Ruiz De Gamboa.; 1. Whether pursuant to sections 718.103(8), 718.108(1)(a) and 718.113(2)(a), Florida Statutes, or the Declaration of Condominium, the association has the authority to selectively give away portions of the common elements ...

 

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 Alberto M. Ruiz De Gamboa. The petition seeks the agency's opinion as to the applicability of subsection 718.103(8) and paragraphs 718.108(1)(a) and 718.113(2)(a) as it applies to the petitioner.

1. Whether pursuant to subsections 718.103(8) and paragraphs 718.108(1)(a) and 718.113(2)(a), Florida Statutes, or the Declaration of Condominium, the association has the authority to selectively give away portions of the common elements by approving structures which effectively appropriate the common areas for the exclusive use and enjoyment a single owner. 2. Whether pursuant to subsections 718.103(8) and paragraphs 718.108(1)(a) and 718.113(2)(a), Florida Statutes, a unit owner is permitted to convert an area of the common elements into a limited common element, or appropriate an area for his or her exclusive use.

A copy of the Petition for Declaratory Statement may be obtained by contacting: The 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.