Ryan C. Scarpa, Esq., In Re: 100 Ocean Road Condominium Association, Inc., Docket No. 2017012941, filed on March 17, 2017.; As the Board of Directors of the Association has previously voted to approve the expansion of unit balconies and patios, may ...

 

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 Ryan C. Scarpa, Esq., In Re: 100 Ocean Road Condominium Association, Inc., Docket No. 2017012941, filed on March 17, 2017. The petition seeks the agency’s opinion as to the applicability of N/A as it applies to the petitioner.

As the Board of Directors of the Association has previously voted to approve the expansion of unit balconies and patios, may they do so again at present? Would failing to approve such work constitute selective enforcement? If the Board of Directors of the Association may not affirmatively vote to approve the request to extend balconies and patios, what percentage of unit ownership would be required to do so under the circumstances? Would this work constitute a material alteration or would a 100% vote of the unit-owners be required? Could the Association levy a special assessment to the owners for the cost of the work which is all exterior work?

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: Megan Silver, Senior 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.