John Nicholas Datesh, Jr., Unit Owner, In Re: Botanical Place Condominium Association, Inc., Docket No. 2015024744, filed on June 1, 2015.; Whether the condominium association may adopt rules limiting the form of a written request for access to ...

 

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 John Nicholas Datesh, Jr., Unit Owner, In Re: Botanical Place Condominium Association, Inc., Docket No. 2015024744, filed on June 1, 2015.The petition seeks the agency’s opinion as to the applicability of Section 718.111(12)(b), Florida Statutes, and Section 718.111(12)(c), Florida Statutes, as they apply to the petitioner.

Whether the condominium association may adopt rules limiting the form of a written request for access to association official records, under Section 718.111(12)(c), Florida Statutes? Whether the condominium association’s rule requiring that all requests for access to official records must be submitted by hand delivery or certified mail invalid as outside of the rule-making authority granted to the association, under Section 718.111(12)(c), Florida Statutes. Whether a request for access to official records can be submitted by email, under Section 718.111(12)(b), Florida Statutes. Whether the condominium association’s rule requiring that all requests for access to official records must be submitted by hand delivery or certified mail is reasonable, under Section 718.111(12)(c), Florida Statutes.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Rikki Anderson, Administrative Assistant II, 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: Thomas Morton, Chief 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.