DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

CONDOMINIUM ARBITRATION

BONAVIDA CONDOMINIUM Inc. vs. JOYCE and RUEBEN STARR

 SCANNED VERSION

 STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

 

IN RE: PETITION FOR ARBITRATION

 

Bonavida Condominium

Association, Inc.,

 

Petitioner,

 

V.                                                    Case No. 2004-06-0224

 

Joyce Starr and Rueben Starr,

 

Respondents.

 

ORDER HOLDING MATTER IN ABEYANCE

The association has filed a petition alleging that the respondents are keeping a cat in their unit in violation of the condominium documents.  On October 10 2005, the association moved for a temporary abatement requesting that the undersigned abate this matter to permit the association to seek an amendment to its declaration of condominium in order to permit owners to maintain one cat in their unit.  The respondents filed an objection to the motion on October 11, 2005.

A case management conference was held on October 14, 2005, during which the undersigned determined that this matter should be abated to permit the association to seek an amendment to the declaration. The undersigned noted that the amendment would render this matter moot making a final hearing unnecessary.  Therefore, in order to avoid the time and cost of additional litigation, this matter should be held in abeyance to allow the association to seek an amendment to its declaration.

Therefore, it is ORDERED:

1            This matter shall be held in abeyance until December 1, 2005, by which time the parties shall file a status report indicating whether the declaration of condominium has been amended in order to permit the keeping of a cat in a unit.  Should the declaration be so amended, this matter will be dismissed as moot.  Otherwise, this matter will expeditiously proceed to a final hearing.

2.            The proposed amendment to the declaration of condominium shall at a minimum allow the respondents to keep their cat.

3.             The association shall provide the undersigned with copies of any

notices provided to the association membership regarding the amendment and related meetings.

4.            The final hearing scheduled in this matter for October 19 and 20, 2005, is cancelled.  Any subpoenas issued for the final hearing will remain in effect for any future scheduled final hearing.

DONE AND ORDERED this 14th day of October 2005, at Tallahassee, Leon County, Florida.

          SIGNATURE         .

James W. Earl, Arbitrator

Department of Business and

Professional Regulation

Arbitration Section

1940 North Monroe Street

Tallahassee, Florida 32399-1029

 

Copies furnished to:

 

Eric M. Glazer, Esq.

Meredith L. Spira, Esq.

Glazer and Associates, P.A.

1920 East Hallandale Beach Blvd.

Hallandale, Florida 33009

Facsimile: 954-455-4727

 

Robert Starr

Salans

Millennium Bridge House

2 Lambeth Hill

London EC4V 4AJ

England

Email: rstarr@salans.com

     

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION DIVISION OF FLORIDA

LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

 

IN RE: PETITION FOR ARBITRATION

 

BONAVIDA CONDOMINIUM

ASSOCIATION, INC.,

 

Petitioner,

CASE NO.: 2004-006-0224

vs.

 

JOYCE STARR and RUEBEN STARR

 

Respondents

_____________________________________________

PETITIONER’S MOTION FOR TEMPORARY ABATEMENT

COMES NOW, the Petitioner BONAVIDA CONDOMINIUM ASSOCIATION, INC.

By and through its undersigned counsel and hereby files its Motion for Temporary Abatement in this cause and in support alleges the following:

            1.         Throughout this cause, Respondents have alleged and continue to allege that the Petitioner had knowledge of and had approved pets at the Association prior to the filing of the Arbitration and that many of the unit-owners were in fact in favor of pets being maintained in the unit.

            2.         In an attempt to avoid protracted litigation and determine if respondent is correct and the unit-owners are in favor of pets, Petitioner is hereby suggesting that the Arbitrator abate this case so that the Association may have the opportunity to seek to amend Bonavida’s Declaration of Condominium  (hereinafter “Declaration”) to allow unit owners to maintain one cat in their unit.

            3.         Should the foregoing amendment to the Declaration pass, this cause would become moot, and the Petitioner would be allowed to maintain a cat in her unit as same would no longer be in violation of the Declaration.

              4.           Should the foregoing amendment to the Declaration fail to pass, the parties shall commence where the case left off with no prejudice to either side.

WHEREFORE, the Petitioner , requests entry of an Order from the Arbitrator , abating this case for sixty (60) to ninety (90) days from this date to allow the Association to attempt  to amend the Declaration  of Condominium for Bonavida and all other relief deemed appropriate.

 

CERTIFICATE 0F SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed and mailed to Department of Business and Professional Regulation, Attn: James W. Earl, Esq., Arbitration Section, Northwood Center, 1940 North Monroe Street, Tallahassee, Florida 32399-1029 and faxed to Robert Starr, Esq. C/o Salans, 44 20 7429 6001, Clements House, 14-18 Gresham Street, London EC2V7NM, UK this 10th day of October, 2005.

GLAZER AND ASSOCIATES, P.A.

Corporate Place

1920 East Hallandale Beach Blvd.

Eighth Floor

Hallandale, Florida  33009

Telephone: (954) 455-1666

Facsimile:  (954) 455-4727

By:       SIGNATURE        .

MEREDITH L.SPIRA ESQUIRE
Florida Bar No. 670049

CONDO ARTICLES HOME NEWS PAGE