Reflects Florida law as of August 2026. The written inquiry procedure is a condominium tool under Chapter 718. Chapter 720 has no equivalent; HOA members, see the note at the end of this page.
What a written inquiry is
A written inquiry is a letter, sent to the board by certified mail, that the board must answer in writing within 30 days of receiving it. Section 718.112(2)(a)2. The response must do one of three things: answer the question substantively; tell the owner that the board has requested a legal opinion; or tell the owner that the board has requested advice from the Division of Florida Condominiums, Timeshares, and Mobile Homes. If the board requests a legal opinion, it must give a substantive response within 60 days after receiving the inquiry. If it requests advice from the Division, it must give a substantive response within 10 days after receiving that advice.
The consequence for ignoring the inquiry is specific and useful. A board's failure to give a substantive response as the statute requires "precludes the board from recovering attorney fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry." In a system where the prevailing party normally recovers fees, that is a meaningful penalty. The board may adopt a rule limiting written inquiries to one inquiry per unit in any 30-day period; if it has, additional inquiries are answered in the following 30-day periods.
When it is useful
A written inquiry asks the board to explain or justify something. It is the right tool when you want the board on record: why it has not repaired a common element, what authority it relies on for a charge or a rule, whether it intends to act on a problem, or what the basis for a violation notice is. It requires a written response from the board within a fixed time (a manager may transmit it, but it must state the board's position, and an informal reply from management does not satisfy the statute), and it creates a document you can use later in mediation, arbitration, a Division complaint, or court.
It differs from an official records request in what it produces. A records request asks the association to hand over documents that already exist, and it is answered by making records available. A written inquiry asks the association to state a position, and it is answered with an explanation. Many problems call for both: a records request to obtain the minutes, contracts, and reports, and a written inquiry asking the board to explain what those documents show. See Official Records Requests and the condominium records request sample.
How to deliver it
The statute applies to an inquiry sent by certified mail. Send it that way, with return receipt requested, addressed to the board of directors at the association's official address, and send a courtesy copy to the manager by e-mail. Keep the certified mail receipt and the return card; the 30-day clock runs from the board's receipt. Use the words "written inquiry" and cite the statute so there is no argument later about what the letter was. Ask questions that can be answered directly. A letter with one to three focused questions gets a better answer, and is harder to dodge, than a five-page grievance.
The letter below is a fillable form. It starts with an empty background section and one empty question. Write as many questions as you need with "Add another question," or add any of the example questions further down the page with one click and fill in the details. When the letter is ready, print it or save it as a PDF.
How to use this form
- 1Fill in the highlighted fields in the letter below: your name and address, your unit or lot, and the association's details. Click a yellow field and type.
- 2Write your questions. Type them into the numbered list in the letter and use "Add another question" for as many as you need, or pick from the example questions under the letter and click "Add to inquiry."
- 3Print it or save it as a PDF using the button above the letter, sign it, and send it by certified mail and e-mail. Everything you type stays on your device.
[Your name]
[Your mailing address]
[Your e-mail address and telephone number]
[Date]
Via certified mail, return receipt requested (No. [tracking number]), with a copy by e-mail to the manager
Board of Directors
[Name of condominium association], Inc.
[Association's official address]
Re: Written inquiry under section 718.112(2)(a)2, Florida Statutes
Unit [Unit number], [Name of condominium]
Dear Members of the Board:
I am the record owner of Unit [Unit number]. This letter is a written inquiry under section 718.112(2)(a)2, Florida Statutes, sent by certified mail. Under that section, the board must respond in writing within 30 days after receiving this inquiry, either with a substantive response or with notice that the board has requested a legal opinion or advice from the Division. If a legal opinion is requested, a substantive response is due within 60 days after receipt of this inquiry.
Background. [Two or three sentences stating the facts: what happened, when you reported it, and what the association has or has not done]
Questions for the Board. What is the Board's substantive written response to each of the following questions?
Please send the Board's written response to me at the mailing address and e-mail address listed above.
Nothing in this inquiry waives any right, remedy, defense, or claim available to me under the Declaration, bylaws, Chapter 718, or other applicable law.
Sincerely,
______________________________
[Your name]
Owner, Unit [Unit number]
Example questions
Each is phrased to require a direct answer. Click "Add to inquiry" and it appears as a numbered question in your letter above; then fill in the highlighted details.
Repairs and maintenance
- Does the Association contend that [identify component] is a common element, limited common element, or part of my unit? What declaration provision, amendment, maintenance provision, or other governing-document language does the Association rely on in determining maintenance responsibility?Does the Association contend that [identify component] is a common element, limited common element, or part of my unit? What declaration provision, amendment, maintenance provision, or other governing-document language does the Association rely on in determining maintenance responsibility?
- What steps has the Association taken to investigate, mitigate, and repair [describe condition] since I reported it on [date]? What is the anticipated next step, and when does the Association expect the repair to be completed?What steps has the Association taken to investigate, mitigate, and repair [describe condition] since I reported it on [date]? What is the anticipated next step, and when does the Association expect the repair to be completed?
- Has the Association submitted an insurance claim concerning [describe loss, date, and location]? If so, what is the claim date, carrier, claim number, current claim status, and the Association's position on whether any part of the loss is excluded from association coverage?Has the Association submitted an insurance claim concerning [describe loss, date, and location]? If so, what is the claim date, carrier, claim number, current claim status, and the Association's position on whether any part of the loss is excluded from association coverage?
- Does the Association need access to my unit to inspect, maintain, repair, or replace [identify component or condition]? If so, what work does the Association intend to perform, who will perform it, and what dates and times does the Association propose for access?Does the Association need access to my unit to inspect, maintain, repair, or replace [identify component or condition]? If so, what work does the Association intend to perform, who will perform it, and what dates and times does the Association propose for access?
- Does the Association contend that the source of the water intrusion affecting Unit [unit number] is a common element, another unit, a limited common element, or a component for which I am responsible? What information, inspection, report, or other evidence does the Association rely on?Does the Association contend that the source of the water intrusion affecting Unit [unit number] is a common element, another unit, a limited common element, or a component for which I am responsible? What information, inspection, report, or other evidence does the Association rely on?
- Has the Association approved funding for the repair of [identify common element or project]? If so, what is the approved amount, funding source, expected schedule, and board action authorizing the work?Has the Association approved funding for the repair of [identify common element or project]? If so, what is the approved amount, funding source, expected schedule, and board action authorizing the work?
- Has the Association determined whether the insurance deductible for [identify loss] will be treated as a common expense or charged to an individual unit owner? What declaration provision, statute, insurance-policy provision, or factual finding does the Association rely on?Has the Association determined whether the insurance deductible for [identify loss] will be treated as a common expense or charged to an individual unit owner? What declaration provision, statute, insurance-policy provision, or factual finding does the Association rely on?
Charges on my account
- What is the basis for the [describe charge, e.g., "$450 attorney fee posted on (date)"]? What declaration provision, statute, invoice, or other authority does the Association rely on to support the charge?What is the basis for the [describe charge, e.g., "$450 attorney fee posted on (date)"]? What declaration provision, statute, invoice, or other authority does the Association rely on to support the charge?
- Before the attorney fee was incurred, did the Association send the notice of late assessment required by section 718.121(5)? If so, on what date was the notice sent, to what address, by what delivery method, and in what amount?Before the attorney fee was incurred, did the Association send the notice of late assessment required by section 718.121(5)? If so, on what date was the notice sent, to what address, by what delivery method, and in what amount?
- What declaration, bylaws, rule, or statutory provision authorizes the interest rate and late fee applied to my account? What dates, assessment installments, and calculation method did the Association use?What declaration, bylaws, rule, or statutory provision authorizes the interest rate and late fee applied to my account? What dates, assessment installments, and calculation method did the Association use?
- The special assessment dated [date] appears on my ledger. On what date did the board consider or approve the assessment? When and how was notice sent to unit owners? What was the stated purpose and estimated cost? What declaration provision authorized the assessment?The special assessment dated [date] appears on my ledger. On what date did the board consider or approve the assessment? When and how was notice sent to unit owners? What was the stated purpose and estimated cost? What declaration provision authorized the assessment?
Violations and fines
- What exact declaration, bylaws, rule, or regulation provision does the Association contend I violated? If the Association relies on a board-adopted rule, on what date was that rule adopted, and at what board meeting?What exact declaration, bylaws, rule, or regulation provision does the Association contend I violated? If the Association relies on a board-adopted rule, on what date was that rule adopted, and at what board meeting?
- Who were the members of the fining committee that considered or approved the proposed fine or suspension? When and how was each committee member appointed? Was any committee member an officer, director, employee, or the spouse, parent, child, brother, or sister of an officer, director, or employee?Who were the members of the fining committee that considered or approved the proposed fine or suspension? When and how was each committee member appointed? Was any committee member an officer, director, employee, or the spouse, parent, child, brother, or sister of an officer, director, or employee?
- From [start date] through [end date], has the Association issued violation notices, proposed fines, or fines for [describe the same restriction or materially comparable conduct]? If so, how many enforcement actions were issued, and what was the general outcome of each, without disclosing protected personal information?From [start date] through [end date], has the Association issued violation notices, proposed fines, or fines for [describe the same restriction or materially comparable conduct]? If so, how many enforcement actions were issued, and what was the general outcome of each, without disclosing protected personal information?
- Does the Association contend that it has enforced [identify restriction] against all owners who committed materially comparable violations during the period from [start date] through [end date]? If so, what records or enforcement actions support that position?Does the Association contend that it has enforced [identify restriction] against all owners who committed materially comparable violations during the period from [start date] through [end date]? If so, what records or enforcement actions support that position?
- Does the Association deny that its action against me, including [identify fine, violation notice, denial, suspension, or other action], was taken because I exercised rights under Chapter 718, requested records, complained about statutory compliance, communicated with a government agency, participated in an owners' organization, or publicly criticized association management? What facts support the Association's position?Does the Association deny that its action against me, including [identify fine, violation notice, denial, suspension, or other action], was taken because I exercised rights under Chapter 718, requested records, complained about statutory compliance, communicated with a government agency, participated in an owners' organization, or publicly criticized association management? What facts support the Association's position?
Restrictions and approvals
- What declaration provision or validly adopted rule does the Association contend prohibits [describe use or improvement]? If the Association relies on a rule, when was the rule adopted, and at what meeting?What declaration provision or validly adopted rule does the Association contend prohibits [describe use or improvement]? If the Association relies on a rule, when was the rule adopted, and at what meeting?
- Why did the Association deny my [lease / architectural / hurricane-protection] application? What specific declaration provision, rule, guideline, board specification, or other standard does the Association contend the application did not satisfy? What specific feature did not comply?Why did the Association deny my [lease / architectural / hurricane-protection] application? What specific declaration provision, rule, guideline, board specification, or other standard does the Association contend the application did not satisfy? What specific feature did not comply?
- Does the Association contend that the rental amendment effective [date] applies to my unit, even though I acquired title on [date] and did not consent to the amendment? If so, what statutory and governing-document provisions does the Association rely on, and what records does it contend show my consent?Does the Association contend that the rental amendment effective [date] applies to my unit, even though I acquired title on [date] and did not consent to the amendment? If so, what statutory and governing-document provisions does the Association rely on, and what records does it contend show my consent?
- What written architectural standards were in effect when I submitted my application for [describe improvement]? Where can I inspect the version of those standards that the Association applied to my application?What written architectural standards were in effect when I submitted my application for [describe improvement]? Where can I inspect the version of those standards that the Association applied to my application?
- Does the Association contend that it has authority under the declaration or bylaws to require [identify action], prohibit [identify use], or impose [identify charge or condition]? If so, what specific provision does the Association rely on?Does the Association contend that it has authority under the declaration or bylaws to require [identify action], prohibit [identify use], or impose [identify charge or condition]? If so, what specific provision does the Association rely on?
Board action and governance
- What declaration provision, bylaws provision, statute, board rule, budget authorization, or owner approval authorized the board's approval of [contract, alteration, expenditure, or project] at the [date] meeting? Did the item appear on the posted agenda, and, if so, how was it described?What declaration provision, bylaws provision, statute, board rule, budget authorization, or owner approval authorized the board's approval of [contract, alteration, expenditure, or project] at the [date] meeting? Did the item appear on the posted agenda, and, if so, how was it described?
- What date, time, and method did the Association use to post and provide notice of the board meeting held on [date]? What agenda item authorized the board's action concerning [identify decision, fine, contract, assessment, or project]?What date, time, and method did the Association use to post and provide notice of the board meeting held on [date]? What agenda item authorized the board's action concerning [identify decision, fine, contract, assessment, or project]?
- Is the Association required to obtain a milestone inspection or structural integrity reserve study for the condominium? If so, has the required inspection or study been completed? What is the completion date, who prepared it, and where may unit owners inspect the report?Is the Association required to obtain a milestone inspection or structural integrity reserve study for the condominium? If so, has the required inspection or study been completed? What is the completion date, who prepared it, and where may unit owners inspect the report?
- If the Association has not completed a required milestone inspection or structural integrity reserve study, what is the anticipated completion date, and what is the basis for the Association's timeline?If the Association has not completed a required milestone inspection or structural integrity reserve study, what is the anticipated completion date, and what is the basis for the Association's timeline?
- Has each current director satisfied the certification and education requirements of section 718.112(2)(d)? If not, what is the Board's position regarding that director's eligibility to continue serving?Has each current director satisfied the certification and education requirements of section 718.112(2)(d)? If not, what is the Board's position regarding that director's eligibility to continue serving?
- Has the Association received my official-records request dated [date]? If so, what records has the Association made available, what records has it withheld, and what is the basis for withholding any requested record?Has the Association received my official-records request dated [date]? If so, what records has the Association made available, what records has it withheld, and what is the basis for withholding any requested record?
After you send it
Calendar 30 days from the date on the return receipt. If the board responds that it has requested a legal opinion, calendar 60 days from the date the board received the inquiry. A response that does not address the questions, or a form letter, is not the substantive response the statute requires, and you should say so in a short written reply. If the reply comes from the manager, ask in writing whether it is the board's response; the statute puts the duty on the board. Keep the inquiry, the receipts, and every response together; if the dispute proceeds to mediation, arbitration, a Division complaint, or court, the board's failure to answer is both evidence and a bar to its recovery of attorney fees.
A note for HOA members. The written inquiry procedure, its deadlines, and its attorney-fee consequence are part of the Condominium Act. Chapter 720 has no comparable provision, and an HOA board is not required by statute to answer an inquiry within 30 days. HOA members who want a response on the record should use an official records request under section 720.303(5), a request for a detailed accounting under section 720.303(14), or the statutory offer to participate in presuit mediation under section 720.311, each of which does carry a deadline. See HOA Laws in Florida.
This sample is provided for general educational purposes. It is not legal advice, it may not fit your association's documents or your circumstances, and using it does not create an attorney-client relationship with Perez Mayoral, P.A. Review your declaration and bylaws and consult a Florida attorney about your particular situation.
