James E. Olsen, Esq., In Re: Gardenia Oceanfront Condominium Association, Inc., Docket No. 2018023245, filed on April 27, 2018.; Whether the Association may require a unit owner, who has installed impact glass, code-compliant windows or doors, or ...

 

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 James E. Olsen, Esq., In Re: Gardenia Oceanfront Condominium Association, Inc., Docket No. 2018023245, filed on April 27, 2018. The petition seeks the agency's opinion as to the applicability of Section 718.113(5)(d), Florida Statutes, as it applies to the petitioner.

Whether the Association may require a unit owner, who has installed impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, in accordance with Section 718.113(5)(d), Florida Statutes, to also install, reinstall, maintain, repair and replace previously installed roll-down hurricane shutters, in accordance with the requirements of the Declaration, when the Declaration limits its application to the Florida Condominium Act.

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: Chevonne Christian, 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.