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 Lori Schmidt, a Licensed Community Association Manager for Atlantic Cloisters Association, Inc. on June 16, 2009. The following is a summary of the agency's declination of the petition:
The Division declined to issue an order because Schmidt did not present evidence of ownership of a unit or a board resolution authorizing her to bring this action on its behalf; or the Division was not provided a full copy of the current governing documents for the condominium and is unable to review the petition as it lacks a sufficient records to review; or the Division may not issue a statement where parties who will be affected are not party to the proceeding; or does not have the authority to interpret and enforce ambiguous provisions in contracts, as interpretation of contracts is strictly a judicial function.
A copy of the Order Declining 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.