Certified letter-none answer

Started by StephenF1 • 4 replies • 912 views

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StephenF1 (Florida)
Posts: 9

Posted:

Hello all.
I recently bought another condo in Florida, it is a long term rental unit.
I wanted to change the windows as they are old and have emailed the president to ask what the process is.
I emailed the president as the MC say they do not handle this and all inquiries go to the president.
I got a reply to the effect they are too busy and at some point in the future they will respond.
After three weeks I sent a certified letter with the same request.
It is now 8 weeks since that certified letter was received and I have heard nothing.
I have checked the docs and there is no mention of when or how they respond to owner messages.
How do I deal with this?
Thank you

DouglasK1 (Florida)
Posts: 2,046

Posted:

Do you have the governing docs? If so, check and see if they say anything about ARC requests being deemed automatically approved if no response in a given time frame. Ours give the ARC 30 days to respond. If your docs say something like that, I'd still be a bit wary of starting work based on that, it could expensive if they decide to fight in court, but I would send another letter pointing that out and telling the president/association that you will consider the request approved as of xxx date if you do not get a response. That might get them to do their job, or at least you've given them fair warning.

Escaped former treasurer and director of a self managed association.

StephenF1 (Florida)
Posts: 9

Posted:

The docs state that BOD approval is needed but there is nothing about a BOD not responding.
I did consider sending that second certified letter to say I assume that absence of a response will be deemed an approval.
Maybe I try that and see what happens.
Thank you

DouglasK1 (Florida)
Posts: 2,046

Posted:

Florida Statute 718 that governs condos says this, you might want to reference it in your communication:

718.112 1(a)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. The board’s response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the division. If the board requests advice from the division, the board shall, within 10 days after its receipt of the advice, provide in writing a substantive response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable.

Escaped former treasurer and director of a self managed association.

StephenF1 (Florida)
Posts: 9

Posted:

Thank you, I have just mailed out the certified letter and added the Statue

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