Question: I live in a condominium association and serve on the board. Our property manager recently received a letter from an owner with a list of over twenty questions concerning the operations of the association. The letter was sent via certified mail. Are we required to answer these numerous questions? It will take us hours to answers these questions. The owner who sent the letter is constantly complaining about the board, always threatening to go to his attorney. B.D. (via e-mail)
Answer: The Florida Condominium Act contains a requirement which requires a condominium association to “substantively” respond to “inquiries” from owners that are sent by certified mail within thirty days of the association’s receipt. The statute also contains a procedure for referral of the matter to legal counsel in which case the deadline is extended to sixty days.
It is very important for these deadlines to be met. In general, in disputes between an association and owner, the wining party is entitled to recover attorneys’ fees from the loser. However, failure of an association to respond by the deadline will result in the Association not being able to seek the recovery of attorney fees in litigation pertaining to the inquiry even if it is the prevailing party.
The law also allows a condominium association, through its board of directors, to adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries. As an example, the board can adopt a rule providing that the association is only obligated to respond to one written inquiry per unit in any given thirty day time period.
In my view, this is a law that started from good intentions (associations should not ignore bona fide concerns of owners), but is largely used by owners who are not seeking to simply ask a question, but set up a legal action. Therefore, I always recommend that the association contact legal counsel when a “certified inquiry” is received. Further, although many associations don’t appreciate the need until it is too late, it is also very desirable to have a board policy regulating certified inquiries as part of the association’s policies and procedures.
There is no similar “certified inquiry” requirement contained in the Florida Homeowners’ Association Act. There is, however, a similar “certified inquiry” provision contained in the Florida Cooperative Act.
Originally posted on Florida Condo HOA Law Blog