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Q: Research Florida Co-OP Statutes ( Answered 5 out of 5 stars,   0 Comments )
Question  
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?
Answer  
Subject: Re: Research Florida Co-OP Statutes
Answered By: juggler-ga on 23 Jul 2003 15:03 PDT
Rated:5 out of 5 stars
 
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:5 out of 5 stars
Quick prompt and in depth, great work.

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