Walter E. Bissell, In Re: Orangewood Lakes Mobile Homeowners Association, Inc., Docket No. 2017012741, filed on February 8, 2017.; Whether section 723.078(2)(b)2., Florida Statutes, applies to voting for officers of the board of directors if the ...

 

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 Walter E. Bissell, In Re: Orangewood Lakes Mobile Homeowners Association, Inc., Docket No. 2017012741, filed on February 8, 2017. The petition seeks the agency’s opinion as to the applicability of 723.078(2)(b)2., Florida Statutes, as it applies to the petitioner.

Whether section 723.078(2)(b)2., Florida Statutes, applies to voting for officers of the board of directors if the association’s bylaws state it will be by ballot and by plurality of votes? When determining the number of votes required for a majority, are the owner and co-owner both included in the voting process, pursuant to section 723.078(2)(b)2., Florida Statutes?

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.