Jean Mesler, In Re: Isla Merita Homeowners’ Condominium Association II, Inc., Docket No. 2017015111, filed on March 29, 2017.; Can the members of the association (qualified voters) eliminate the “Common Ground Reserve” that is required to be ...

 

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 Jean Mesler, In Re: Isla Merita Homeowners’ Condominium Association II, Inc., Docket No. 2017015111, filed on March 29, 2017.The petition seeks the agency's opinion as to the applicability of Section 718.112(2)(f), Florida Statutes, and Chapter 61B-22, Florida Administrative Code, as they apply to the petitioner.

Can the members of the association (qualified voters) eliminate the “Common Ground Reserve” that is required to be maintained by Section 718.112(2)(f), Florida Statutes, and Chapter 61B-22, Florida Administrative Code, without actually waiving this reserve? Can the members of the association (qualified voters) reallocate the funds from the “Common Ground Reserve” to be divided equally between the existing pool reserve and the existing sprinkler reserve/irrigation reserve when the sprinkler reserve is already fully funded? Can the members of the association (qualified voters) eliminate the road reserve and the unallocated reserve and transfer the funds to a shoreline restoration reserve when this has already been accomplished? Can the signed limited proxies submitted on March 15, 2017 be counted in a later Meeting of the Membership or must new proxies be signed and submitted?

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.