Demand to Cure and Pre-Suit Notice

When to use this

Use this letter when the association itself is breaking the rules, either a statute or your governing documents, and you want it fixed. It puts the association on formal notice and asks it to comply. Common uses include the board ignoring a records request, refusing to hold required meetings, spending outside the budget, failing to maintain common areas it is responsible for, or enforcing rules that were never properly adopted.

This letter does double duty. It demands a cure, and it serves as the statutory pre-suit notice Florida generally requires before you can take the dispute to pre-suit mediation for an HOA under Fla. Stat. 720.311 or arbitration for a condominium under Fla. Stat. 718.1255. Sending it preserves those options.

How to send it

• Send it certified mail, return receipt requested. The receipt proves the association was put on notice and starts your cure clock.
• Address it to the association at its registered agent and principal address, found on sunbiz.org by searching the association's legal name.
• Cite the exact provision the association is violating, whether a statute section or a numbered paragraph of the declaration or bylaws.
• Keep a full copy and the certified mail receipt.
• Keep paying your regular assessments on time, under protest if needed.

What happens next

Count the days to your cure deadline from the date on the certified mail return receipt. If the association fixes the problem in writing, keep that confirmation and you are done. If it does not, this letter is the predicate for your next steps: pre-suit mediation for an HOA under Fla. Stat. 720.311 or arbitration for a condominium under Fla. Stat. 718.1255, a DBPR complaint where the Division has jurisdiction, or suit, including small claims for disputes at or under $8,000. If your dispute involves a lien, a foreclosure, or a claim for significant damages, see an attorney before filing. This information is current as of July 7, 2026 and is not legal advice.