"(1)
When a unit owner or the unit owner's authorized agent files a written inquiry
by certified mail with the Association regarding one or more topics related to
either Association governance or operations, or both, the Association must
respond, in the form of a record, to the unit owner or the unit owner's
authorized agent within 30 days after receipt of the inquiry. The Association
must either give a substantive response to the inquirer or notify the inquirer
that additional time is reasonably necessary to respond, such as when a legal
opinion or other third-party professional opinion has been requested. For the
purposes of this Section, a “substantive response” includes, but is not limited
to, a factual explanation, reference to governing documents, statement of
current Association practices, or other responsive information reasonably
available to the Association. The Association is not required to
obtain a legal opinion or other third-party professional opinion in order to
provide a substantive response unless reasonably necessary to address the
inquiry.
(2) In any action or proceeding
arising out of an inquiry subject to this Section including, but not limited
to, any litigation, mediation, arbitration, or administrative proceedings, the
prevailing party is entitled to recover its reasonable attorneys' fees and
costs.
(3) The Association may adopt
reasonable rules and regulations regarding the frequency and manner of
responding to inquiries, one of which may be that the Association is only
obligated to respond to one written inquiry per unit in any 30-day period. In such
a case, the Association must respond to any additional inquiry or inquiries in
the subsequent 30-day period, or periods, as applicable. Nothing in this
Section precludes a unit owner from asking more than one question as part of a
single inquiry."
This new law takes effect on June 11. If your association's board of directors has any questions about it, then it should consider contacting my office.
