What is the procedure for filing a petition for declaratory ruling or requesting a waiver at the Commission?
There is no special form for a petition. You may simply describe the facts, including the specific restriction(s) that you wish to challenge. If possible, attach a copy of the restriction(s) and any relevant correspondence. If this is not possible, be sure to include the exact language of the restriction in question with the petition. General or hypothetical questions about the application or interpretation of the rule cannot be accepted as petitions. Petitions for declaratory ruling and waiver requests must be served on all interested parties. For example, if a homeowners’ association files a petition seeking a declaratory ruling that its restriction is not preempted and is seeking to enforce the restriction against a specific resident, service must be made on that specific resident. The homeowners’ association will not be required to serve all other members of the association, but must provide reasonable, constructive notice of the proceeding to other residents whose interests forese
Related Questions
- What are the procedural requirements for filing a Petition for Declaratory Ruling or Waiver with the Commission?
- What is the procedure for filing a petition for declaratory ruling or requesting a waiver at the Commission?
- What is the procedure for filing a petition or requesting a waiver at the Commission?
