Julie Naim, Esq., In Re: Wellington Edge Property Association, Inc., Docket No. 2017018766, filed on April 18, 2017.; Whether it is permissible for a Florida Statutes Chapter 720 homeowners’ association to restrict board eligibility to voting ...

 

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 Julie Naim, Esq., In Re: Wellington Edge Property Association, Inc., Docket No. 2017018766, filed on April 18, 2017.The petition seeks the agency's opinion as to the applicability of section 720.306(9), Florida Statutes, as it applies to the petitioner.

Whether it is permissible for a Florida Statutes Chapter 720 homeowners’ association to restrict board eligibility to voting members pursuant to section 720.306(9), Florida Statutes? If it is permissible for the association to restrict board eligibility, were actions taken by ineligible board members: a) void if taken after passage of the amendment requiring that members of the board of directors be Voting Members; b) void if taken after recording of the amended bylaws; c) void if taken after discovery of ineligibility; or d) not void at all?

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.