Need a clarification re: required HOA response to 'written inquiry' per FS §718.112

RFtL

New Member
Jurisdiction
Florida
Hi,

Florida Statute (Condominium Act) Title XL §718.112 says

"...
2. When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry.
..."

What exactly qualifies as an "inquiry"?

Is it generically defined as any kind of question, as in any request for information, response or other action?

Or is there some specific definition of an "inquiry", language or terminology that must be included, etc?

I wrote a Certified Letter to my HOA Board, requesting that they timely fix damage to the common areas of our Condo at their expense, according to the requirements in our ByLaws. It was delivered to them 45+ days ago.

So far, no response or action from them at all -- written or verbal.

I'm getting organized for my next steps, and just wanted to be clear on the def'n of 'inquiry'.

Thanks a lot!

RFtL
 
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An inquiry is a request for information. In other words, it's asking a question.
What you did is file a request for performance of a specific action. That is not an inquiry.
 
So far, no response or action from them at all -- written or verbal.

I'm getting organized for my next steps, and just wanted to be clear on the def'n of 'inquiry'.

I tend to agree that a maintenance request might not fall into the same deadline.

Rather than kvetching about some law that might be open to interpretation why don't you just call a board member and ask what they are doing about the damage.
 
The reason I'm looking into the law, is that the Board has so far done nothing and refuses to provide any answers.

They refuse to take/respond to calls, texts, emails or even personal chats. I've tried them all. Including raising the issue at open Board meetings.
In every case the only response is that we should communicate to the Board through the Property Manager who's also their Registered Agent. Which was why I sent the letter.

Sure we can try to "vote them out" next year. Or sue the pants off them.

I'm trying to get a handle on more reasonable leverage to get them to do what my HOA fees are paying to do: fix the damage.
 
What exactly qualifies as an "inquiry"?

It does not appear that this term is defined in the statute, so it has its ordinary dictionary definition.

I wrote a Certified Letter to my HOA Board, requesting that they timely fix damage to the common areas of our Condo at their expense, according to the requirements in our ByLaws.

That's not an inquiry.

why don't you just call a board member and ask what they are doing about the damage.

Concur.
 
The reason I'm looking into the law, is that the Board has so far done nothing and refuses to provide any answers.

They refuse to take/respond to calls, texts, emails or even personal chats. I've tried them all. Including raising the issue at open Board meetings.

When you ask us what to do it helps for you to tell us what you've already done so we don't waste time suggesting that you do something that you have already done, which is apparently the case here. Sigh.

I'm trying to get a handle on more reasonable leverage

The reality of HOAs is that owners have no leverage other than voting them out or suing.

What is the nature of the damage that you are referring to?
 
I wrote a Certified Letter to my HOA Board, requesting that they timely fix damage to the common areas of our Condo at their expense, according to the requirements in our ByLaws. It was delivered to them 45+ days ago.

I think it is better to focus on the HOA bylaws.

Have you been complaining solely as an individual, or have a group of you petitioned?
 
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