Michael E. Chapnick, Esq., In Re: Brickell Town House Association, Inc., Docket No. 2018037628, filed on July 18, 2018.; Whether Brickell Town House Association, Inc. is required to obtain membership approval in order to replace existing windows 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 Michael E. Chapnick, Esq., In Re: Brickell Town House Association, Inc., Docket No. 2018037628, filed on July 18, 2018.The petition seeks the agency's opinion as to the applicability of section 718.113(5) and 718.115(1)(e), Florida Statutes, as it applies to the petitioner.
Whether Brickell Town House Association, Inc. is required to obtain membership approval in order to replace existing windows and sliding glass doors with impact-resistant windows and sliding doors, pursuant to section 718.113(5), Florida Statutes? Whether the cost of installing impact-resistant windows and sliding doors is to be charged to the unit owners as a common expense, or whether it is to be charged individually to the unit owners based on the cost of installation of the code-compliant hurricane protection, as provided by section 718.115(1)(e), Florida Statutes?
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.