Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-78 - ASSOCIATION FEE AND MAILING ADDRESS; COOPERATIVE RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS › Section 61B-78.003 - Educational Resolution

Current through Reg. 50, No. 138; July 16, 2024
(1) The educational
				resolution process, as detailed in these rules, is only applicable to unit
				owner controlled associations.
(2)
				Alleged Initial Violation. An initial accepted complaint, directed at an
				association and involving a possible violation identified as minor in these
				guidelines, will be resolved as follows:
The division will review the matter and will contact the
				  association board by letter or telephone regarding the complaint. The division
				  will provide educational materials or guidance to the association board to
				  assist it with addressing the subject matter of the complaint and provide the
				  association with the opportunity to respond. The division will notifiy the
				  complainant of the educational resolution and the division's complaint file
				  will be closed.
(3) Alleged
				Repeated Minor Violations. A subsequent accepted complaint that is directed at
				the same association involving a possible violation identified as minor in
				these guidelines will be resolved as follows:
If the division has reasonable cause to believe that a
				  statutory or rule violation may have occurred, a Warning Letter will be sent to
				  the association. The Warning Letter will give the association 14 calendar days
				  in which to address, correct, or dispute the violation. The Warning Letter will
				  identify the violation, and provide a contact telephone number and an
				  investigator's name so that the association may contact the division for
				  educational assistance or an educational conference in obtaining compliance.
				  However, it is solely the responsibility of the association to take action,
				  when applicable, to achieve statutory or rule compliance. Failure to respond to
				  a Warning Letter, or take affirmative or corrective action as requested by the
				  division, will result in the division proceeding with an enforcement
				  resolution. The Warning Letter shall not be considered final agency action. The
				  division will notify the complainant of the resolution of the complaint, or if
				  applicable, alternative dispute resolution options.
(4) Alleged Major Violations. An initial
				accepted complaint that is directed at an association and involving a possible
				violation identified as major in these guidelines will be resolved as follows:
If the division has reasonable cause to believe that a
				  statutory or rule violation may have occurred, a Warning Letter will be sent to
				  the association. The Warning Letter will give the association 14 calendar days
				  in which to address, correct, or dispute the violation. The Warning Letter will
				  identify the violation, and provide a contact telephone number and an
				  investigator's name so that the association may contact the division for
				  educational assistance or an educational conference in obtaining compliance.
				  However, it is solely the responsibility of the association to take action,
				  when applicable, to achieve statutory or rule compliance. Failure to respond to
				  a Warning Letter, or take affirmative or corrective action as requested by the
				  division, will result in the division proceeding with an enforcement
				  resolution. The Warning Letter shall not be considered final agency action. The
				  division will notify the complainant of the resolution of the complaint, or if
				  applicable, alternative dispute resolution options.
Rulemaking Authority
					 719.501(1)(f)
					 FS. Law Implemented 719.501(1)(d)4., (m)
					 FS.
New 6-4-98, Amended
					 2-19-15.