Jane DiLoreto, In Re: Surf Dweller Owners Association, Inc., Docket No. 2015030674, filed on July 24, 2015.; If the owners were never made aware in a special meeting notice that the purpose of the meeting was to vote for the type of heating source ...

 

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 Jane DiLoreto, In Re: Surf Dweller Owners Association, Inc., Docket No. 2015030674, filed on July 24, 2015. The petition seeks the agency’s opinion as to the applicability of Section 718.110, Florida Statutes, as it applies to the petitioner.

If the owners were never made aware in a special meeting notice that the purpose of the meeting was to vote for the type of heating source for the pool and that such vote would amend the condominium documents, what action moving forward would the association need to take in order to declare this amendment invalid? In the future, what action would the association need to take in order to heat the pool?

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: Robin E. Smith, 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.