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 Joel M. McTague, Esq., In Re: Hawaiian Gardens Phase I Association, Inc., Docket No. 2012002610, on January 17, 2012. The petition seeks the agency's opinion as to the applicability of Sections 718.103(2) and 718.112(2)(d), Florida Statutes, as it applies to the petitioner.
Whether Hawaiian Gardens Phase I Association, a master association, is a condominium association under Section 718.103(2), Florida Statutes, whether it must conduct elections under Section 718.112(2), Florida Statutes, where the articles permit the member condominium boards to appoint representative directors, whether a felony sentence of adjudication withheld disqualifies a director from serving on the board under Section 718.112(2)(d), Florida Statutes, and whether a member condominium association that is more than 90 days delinquent in payment of its assessments may have its directors suspended from serving on the master board under Section 718.112(2)(d), Florida Statutes.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Division Clerk, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Janis Sue Richardson, Chief Assistant General Counsel, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.