In my experience as a board member, one of the sources of upset to a buyer is when the Association needs to enter their unit when they are not home. There are many advantages to living in a condominium in Florida. Enjoying the same level of privacy that you would have in a single family home is not one of them.
There are some very good reasons for this. Here at Station Square our property manager has been directed to notify owners in advance when units need to be entered. However, in an emergency the unit may need to be entered on an immediate basis to prevent loss or damage to the common areas or to another unit.
For example, if there is a fire in the unit. Or if water is flowing onto the unit floor. A unit may have to be entered to deterime if it is the source of water entering an adjacent or lower unit. There could be loud mechanical noises that indicate something is wrong.
There are many situations where a unit would need to be entered.
Owners who have experience with condo living generally have an understanding of this necessity of access.
The Condominium Act includes the following wording regarding access to units.
(5) RIGHT OF ACCESS TO UNITS.—
- (a) The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit.
- (b)1. In addition to the association’s right of access in paragraph (a) and regardless of whether authority is provided in the declaration or other recorded condominium documents, an association, at the sole discretion of the board, may enter an abandoned unit to inspect the unit and adjoining common elements; make repairs to the unit or to the common elements serving the unit, as needed; repair the unit if mold or deterioration is present; turn on the utilities for the unit; or otherwise maintain, preserve, or protect the unit and adjoining common elements. For purposes of this paragraph, a unit is presumed to be abandoned if:
- a. The unit is the subject of a foreclosure action and no tenant appears to have resided in the unit for at least 4 continuous weeks without prior written notice to the association; or
- b. No tenant appears to have resided in the unit for 2 consecutive months without prior written notice to the association, and the association is unable to contact the owner or determine the whereabouts of the owner after reasonable inquiry.
- Except in the case of an emergency, an association may not enter an abandoned unit until 2 days after notice of the association’s intent to enter the unit has been mailed or hand‐delivered to the owner at the address of the owner as reflected in the records of the association. The notice may be given by electronic transmission to unit owners who previously consented to receive notice by electronic transmission.
- Any expense incurred by an association pursuant to this paragraph is chargeable to the unit owner and enforceable as an assessment pursuant to s. 718.116, and the association may use its lien authority provided by s. 718.116 to enforce collection of the expense.
Similar wording is repeated in our Declaration:
(a) The irrevocable right to have access to any portion of each Unit and the Limited Common Elements appurtenant thereto from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of such portions thereof as required by this Declaration or the Act, for performing extermination services, or at any time and by force, if necessary. for making emergency repairs necessary to prevent damage to the Buildings, the Common Elements or to the Unit or any other Unit or Units.
As regards #3, the majority of units utilize a master key system to allow entry. There are a number of units that are not keyed for a master key and that have an entry key in the care of our maintenance personnel and the property manager. In an emergency such as a fire there won’t be time to retrieve the entry key and the fire deparment may need to force entry. In this situation the cost of repair to the door and locks will fall on the unit owner.