Timothy J. Sloan, Esq. and Charles J. Stafford, Esq., In Re: Tropic Winds Owners Association, Inc., Docket No. 2015010820, filed on March 9, 2015.; Whether the closing of the Small Hot Tub constitutes a material alteration 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 Timothy J. Sloan, Esq. and Charles J. Stafford, Esq., In Re: Tropic Winds Owners Association, Inc., Docket No. 2015010820, filed on March 9, 2015. The petition seeks the agency's opinion as to the applicability of Section 718.113(2)(b), Florida Statutes and Section 718.110(4), Florida Statutes as it applies to the petitioner.

Whether the closing of the Small Hot Tub constitutes a material alteration of the common elements pursuant to paragraph 718.113(2)(b), Florida Statutes, or an alteration of an appurtenance to the units pursuant to Section 718.110(4), Florida Statutes, and, if neither, whether the Association is required to amend the Declaration to depict the closing of the Small Hot Tub and the existence of the Large Hot Tub?

A copy of the Petition for Declaratory Statement may be obtained by contacting: Rikki Anderson, Administrative Assistant II, at Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217; [phone]; [e-mail].

Please refer all comments to: Thomas Morton, Chief Attorney, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2202. Responses, motions to intervene, or requests for an agency hearing, Section 120.57(2), F.S., must be filed within 21 days of this notice.