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Subject:
Research Florida Co-OP Statutes
Category: Miscellaneous Asked by: screenman-ga List Price: $10.00 |
Posted:
23 Jul 2003 13:45 PDT
Expires: 22 Aug 2003 13:45 PDT Question ID: 234300 |
In the Florida Co-Op statutes I am told, there is an area where one could apply for a waiver (if they were being accused of something by their Co-Op Board) the reason for that waiver would be that it would "Violate the Principal of Fairness" Question: Where is this stated in the statutes or in just general information. How would one apply for this status? |
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Subject:
Re: Research Florida Co-OP Statutes
Answered By: juggler-ga on 23 Jul 2003 15:03 PDT Rated: ![]() |
Hello. Here's the relevant Florida Statute regarding waivers based upon the "principles of fairness": '(2) Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness... For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.' source: Florida Statute 120.542 Variance and waivers http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/SEC542.HTM&Title=-%3E2002-%3ECh0120-%3ESection%20542 The State of Florida has an explanation of Condominium & Cooperative Variances & Waivers at: http://www.state.fl.us/dbpr/lsc/condominiums/information/variance_waiver.pdf [ Note that this document is in PDF format, so the Adobe Acrobat Reader is required. If you don't have that, visit Adobe's web site: http://www.adobe.com/products/acrobat/readstep2.html ] HTML version: http://216.239.57.104/search?q=cache:TQMMqB8mr7oJ:www.state.fl.us/dbpr/lsc/condominiums/information/variance_waiver.pdf+fairness+florida+cooperative+statute&hl=en&ie=UTF-8 That document includes the instructions on how to apply for a waiver. A petition for a waiver will have to be sent to: Department of Business and Professional Regulation Attn: Agency Clerk Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2217 Also, that document mentions that the specific statutes and codes that apply to cooperatives in Florida: Florida Statute CHAPTER 719 COOPERATIVES http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0719/titl0719.htm&StatuteYear=2002&Title=%2D%3E2002%2D%3EChapter%20719 Florida Administrative Code Chapters 61B-75 through 61B-79, contained within: http://fac.dos.state.fl.us/faconline/chapter61.pdf [ This document is also in PDF format. Again, the Adobe Acrobat Reader is required. If you don't have that, visit Adobe's web site: http://www.adobe.com/products/acrobat/readstep2.html ] search terms: fairness florida cooperative statute I hope this helps. |
screenman-ga
rated this answer:![]() Quick prompt and in depth, great work. |
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