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Monday, November 5,2012

Ask Gabe

Q: I get a different answer each time I ask a member of my condominium board a question. How can I pin down the association to a particular answer?

-Joseph Gallant, Pompano Beach, Florida

A: Section 718.112 (2)(a)2, Florida Statutes, provides that when a unit owner files a written inquiry with the board of administration by certified mail, the board shall respond in writing to the unit owner within 30 days of 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 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes. If the board requests advice from the division, the board shall, within 10 days of its receipt of the advice, provide a substantive written response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry precludes the board from recovering attorneys’ fees and other costs in any subsequent litigation, administrative proceeding or arbitration arising out of the inquiry.

Q: Does the seller of a residential condominium resale have a set amount of time, as a matter of law, in which to provide “condominium docs” to the buyer?

A: No. However, the buyer has three days (excluding Saturdays, Sundays, and legal holidays) from the time he or she receives the documents to rescind the contract, so it’s in the best interest of the seller to provide the documents as soon as possible.


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