STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
IN RE: PETITION FOR ARBITRATION
V. Case No. 2004-06-0224
Joyce Starr and Rueben Starr,
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.
it is ORDERED:
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
the declaration be so amended, this matter will be dismissed as moot.
Otherwise, this matter will expeditiously proceed to a final hearing.
The proposed amendment to the declaration of condominium shall at a
minimum allow the respondents to keep their cat.
The association shall provide the undersigned with copies of any
provided to the association membership regarding the amendment and related
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.
AND ORDERED this 14th
day of October 2005, at Tallahassee, Leon County, Florida.
James W. Earl, Arbitrator
Department of Business and
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
Millennium Bridge House
2 Lambeth Hill
London EC4V 4AJ
OF FLORIDA DEPARTMENT OF BUSINESS AND
REGULATION DIVISION OF FLORIDA
SALES, CONDOMINIUMS, AND MOBILE HOMES
RE: PETITION FOR ARBITRATION
STARR and RUEBEN STARR
PETITIONER’S MOTION FOR TEMPORARY ABATEMENT
NOW, the Petitioner BONAVIDA CONDOMINIUM ASSOCIATION, INC.
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.
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
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.
AND ASSOCIATES, P.A.
East Hallandale Beach
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