Ivan Hernandez, In Re: Cannongate Property Owners Association, Inc., Docket No. 2019041050.; 1. Whether an association that failed to submit a Petition to the Division challenging the validity of the elections and subsequently announced results ...

 

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 Ivan Hernandez, In Re: Cannongate Property Owners Association, Inc., Docket No. 2019041050.The petition seeks the agency's opinion as to the applicability of Section 720.311, subsection 718.1255(5), paragraph 720.306(9)(a), Chapter 61B-80 and subsection 61B-80.122(2) as it applies to the petitioner.

1. Whether an association that failed to submit a Petition to the Division challenging the validity of the elections and subsequently announced results within the term limit for an election challenge in paragraph 720.306(9)(a), has any standing to challenge the standing of any individual association board member or any other association member’s petition to the Division to affirm the newly elected board certification of the election results, or to raise any other arguments in defense of a refusal to accept the election results. 2. Petitioner requests that the Division evaluate another, separate party’s Motion for Rehearing from a separate arbitration case to address whether Section 720.311 and subsection 718.1255(5), Florida Statutes, Chapter 61B-80, Florida Administrative Code, or any Division’s “General Rule” of arbitration can delimits a right affirmed by Florida Courts and conferred by the Florida Legislature for derivative action by members of corporation not for profit, such as petitions for election dispute arbitration when the petitioners have not been directly aggrieved. 3. Whether the votes of previous board members that have been neither nominated nor elected are legally valid when making decisions for the association. 4. Whether petitioner is entitled to a deferral of any attorney’s fees and costs levied by the Division until the conclusion of a timely filed complaint for trial de novo, similar to the deferral for motions for rehearing in subsection 61B-80.122(2), Florida Administrative Code. 5. Petitioner also requests the legal reasoning used when responding a prior Petition for Declaratory Statement, specifically but not limited to case number 2013001883, when dismissing requests for declaratory statements submitted by members of homeowners associations.

A copy of the Petition for Declaratory Statement may be obtained by contacting: the 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: Nick DuVal, Chief Attorney, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202.