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AnnaD2 (Florida)
Posts: 960
Posted:
Hi All,

Today I discovered water seeping out from underneath a common area storage closet door. Upon closer inspection I noticed that the ceiling inside was wet.

The condo above it (two-story condo building) is/was owned by a woman who passed away in October 2009. During 2010 her mortgage company started foreclosure proceedings but that action seems to be "stalled" or in limbo right now.

We have no idea who may have a key (we don't) or the legal right to enter the unit. We've never seen anyone enter the unit since she died. Would it be the bank/mortgage company who needs to go in and inspect the leak? Would we need their permission for US to get a locksmith and go in?

Someone needs to go in before water causes more damage to other units. Have any of you ever had this situation before?

Thank you for any and all responses!
JonD1
Posts: 2,350
Posted:
Anna:

In my opinion you would have the right to enter the unit and resolve the issue.

If you were to wait for the bank to act you will more than likely be underwater by then.

You have the right to protect the common elements from futher damage.

Have you a handy man? More than likely you could enter through the door or window.

If not call a locksmith enter the unit determine the problem and then make the repairs.

If you are concerned about legalities I would also call in the local police when entering the unit and have them verify the nature and purpose of this entry.

One last suggestion I would NOT secure the door with the current lock. Rather I would pick up a $10 entry lock from Home Depot and repalce the lock to provide you with the keys. It might give you future access and say you the cost of a locksmith in the future.

We have done so several times and suffered no ill consequences inclusing jail time.
LoriL1 (Florida)
Posts: 78
Posted:
Here's a Q & A from the Fl. Division of Condominiums, Timeshares & Mobile Homes website:

7. Does the law require me to give the association a key to my unit? And, does the association have the right to allow a pest control company access to my unit?

Chapters 718 and 719, Florida Statutes, do not specifically address the issues of providing keys to the association or access by the association for pest control. However, 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 or as necessary to prevent damage to the common elements or to a unit. You may wish to review the documents of the association for clarification.

Condominium: Sections 718.111(5) and 718.113(1), F.S.
Cooperative: Section 719.104(1), F.S.

Please note that the association has the right of access under Florida Law.

Hope this helps!
JonD1
Posts: 2,350
Posted:
So call the maintenance man or locksmith and open the unit.
AnnaD2 (Florida)
Posts: 960
Posted:
Thank you both for your responses. Very, very helpful!

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