Svetlana Teshabaeva, In Re: Marbella Tower Owners Association, Inc., Docket No. 2016017909, filed on April 11, 2016; Whether chapter 718, Florida Statutes, requires a condominium association to allow a non-unit owner to attend board meetings and ...

 

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 Svetlana Teshabaeva, In Re: Marbella Tower Owners Association, Inc., Docket No. 2016017909, filed on April 11, 2016. The petition seeks the agency’s opinion as to the applicability of In. Re: Pet. for Dec. Stmt. Fountainhead Association, Inc., DS 2001-011 (November 27, 2001) as it applies to the petitioner.

Whether Chapter 718, Florida Statutes, requires a condominium association to allow a non-unit owner to attend board meetings and vote on board issues on behalf of a board member, when that non-unit owner has a general power of attorney from the board member, authorizing the person to act as an attorney-in-fact at that particular meeting? Whether In. Re: Pet. for Dec. Stmt. Fountainhead Association, Inc., DS 2001-011 (November 27, 2001) requires Marbella Tower Owners Association, Inc. to allow a non-unit owner to attend board meetings and vote on board issues on behalf of a board member, when that non-unit owner has a general power of attorney from the board member, authorizing the person to act as an attorney-in-fact at that particular meeting?

A copy of the Petition for Declaratory Statement may be obtained by contacting: Rikki Anderson 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: Ryan N. Lumbreras, Senior 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, §120.57(2), Fla. Stat., must be filed within 21 days of this notice.