Tonya Raschke, In Re: Cannongate Property Owners Association, Inc., Docket No. 2019028883; A declaratory statement is not an appropriate remedy where there is related pending litigation, as exists in this case; First, the Division’s jurisdiction ...

 

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 declined to rule on the petition for declaratory statement filed by Tonya Raschke, In Re: Cannongate Property Owners Association, Inc., Docket No. 2019028883 on June 4, 2019. The following is a summary of the agency's declination of the petition: A declaratory statement is not an appropriate remedy where there is related pending litigation, as exists in this case; First, the Division’s jurisdiction over homeowners’ associations is extremely limited, and includes only procedural issues pertaining to the Division’s arbitration of election, recall, or covenant enforcement disputes; Petitioner’s first question does not request the Division’s opinion on the applicability of a statutory provision, rule, or order of the Division to Petitioners’ particular set of circumstances as required by section 120.565, Florida Statutes; the Division is unable to issue a declaratory statement regarding past conduct; and The answer to Petitioner’s question (3) is no. subsection 61B-80.122(2), Florida Administrative Code, states that “[a] timely filed motion for rehearing tolls the time in which a party must file to recover its costs and attorney’s fees, until after disposition of the motion for rehearing or reconsideration.”

A copy of the Order Declining 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].