DANIEL A. GRIPPE, APPELLANT,
v.
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES, APPELLEE
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The Division of Florida Land Sales, Condominiums, and Mobile Homes correctly determined it lacked the authority to provide relief by interpreting ambiguous provisions of a condominium contract.
A condominium owner petitioned the Division for a declaratory statement interpreting language in his condominium association's Declaration. The Divisi…
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PER CURIAM.
Daniel A Grippe, a condominium owner in the Everett Arms No. 5 Condominium, appeals an order of the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile homes (Division) in which the Division determined it could not provide Grippe the relief requested under its limited power to issue declaratory statements. § 120.565(1), Fla. Stat. (1997).1 Grippe’s petition did not request interpretation of a statute, rule, or order, but rather requested interpretation of certain language contained in the Everett Arms Condominium Association’s Declaration. The Division correctly found it lacked authority to interpret ambiguous provisions of a condominium contract. Peck Plaza Condominium v. Division of Florida Land Sales & Condominiums, Dep’t of Bus. Regulation, 371 So. 2d 152, 153-54 (Fla. 1st DCA 1979).
Grippe’s relief, if any, lies either in the courts, id. at 154, or perhaps in mandatory dispute resolution under the provisions of Chapter 718, Florida Statutes (1997) if he meets specific criteria. See Woodlake Redevelopment Corp. v. Woodlake Condominium Ass’n of Marco Shores, Inc., 671 So. 2d 253, 254 (Fla. 2d DCA 1996).
AFFIRMED.
POLEN, and SHAHOOD, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur. . Section 120.565 provides in pertinent part:
120.565. Declaratory statement by agencies (1) Any substantially affected person may seek a declaratory statement regarding an agency's opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner's particular set of circumstances.
(2) The petition seeking a declaratory statement shall state with particularity the petitioner's set of circumstances and shall specify the statutory provision, rule, or order that the petitioner believes may apply to the set of circumstances.
§ 120.565, Fla. Stat. (1997) (emphasis supplied).
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Lennar Homes, Inc. v. Dep't of Bus. & Prof'l Reg., 888 So. 2d 50 (Fla. 1st DCA 2004)…the applicability of a statutory provision ... to the petitioner’s particular set of circumstances.” See generally Grippe v. Florida Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes, 729 So. 2d 459 (Fla. 4th DCA 1999). In our Chiles decision, which the Supreme Court expressly approved in Florida Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering v. Investment Corp. of Palm Beach, 747 So. 2d 374, 375 (Fla.1999)…1 / 2
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Eden Isles Condo. Ass'n, Inc. v. Dep't of Bus. & Prof'l Regulations, 1 So. 3d 291 (Fla. 3d DCA 2009)…r penalizing an association for disagreeing with its interpretation of language contained in a condominium document. In Grippe v. Florida Department of Business & Professional Regulation, Division of Florida Land Sales, Condominiums, & Mobile Homes, 729 So. 2d 459 (Fla. 4th DCA 1999), the court affirmed the Division’s refusal to interpret certain [*294] language contained in the condominium association’s declaration. “The Division correctly found it lacked authority to interpret ambiguous provisions of a cond…
Authorities Cited
- Peck Plaza Condo. v. Div. OF Fla. Land Sales & Condos., 371 So. 2d 152 (Fla. 1st DCA 1979)
- Woodlake Redev. Corp. v. Woodlake Condo. Ass'n OF Marco Shores, Inc., 671 So. 2d 253 (Fla. 2d DCA 1996)