Association Unit Access Question

Started by DanN3 • 5 replies • 997 views

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DanN3 (Florida)
Posts: 91

Posted:

In Florida, for a condominium, does the association have the right to have access to all it's units by having key access? As an example, given units have sprinkler heads that are required by law to be inspected once a year, Should the association have a right to gain access for inspection, after proper notification and no response from the unit owner? Also access in case of emergencies and where the owner is not available. Concern is if there is some association liability should there be damage to a unit that was because the association did not have access when it was needed.

KerryL1 (California)
Posts: 14,550

Posted:

Of our 200+ condo units, only 3 owners have not given us keys to lock combos to access their units in case of an emergency and for mandatory unit inspections like our sprinklers, which just occurred recently.

Whether they provide a key or boot, every owner sign and Indemnification & Waiver notice showing they understand what they're doing, e.g. the keys are kept in a safe, etc. The box to chaco if not wanting to provide a key states that the HOA amy break down the door if a flood is suspected of emanating from that unit. If mistaken, our HOA is responsible for replacing the door, etc. If the owners were responsible, they pay for any damage to their own door.

GenoS (Florida)
Posts: 4,276

Posted:

I agree with Kerry. There should be something in writing that indemnifies the association from any claim of trespass in emergency or mandatory inspection situations. We have it in our CCRs, "... shall not be deemed guilty of any manner of trespass for such entry...".

KerryL1 (California)
Posts: 14,550

Posted:

Glad you mentioned that. We have it in our CC&Rs too, Geno, but were advised to have the waiver as well.

KerryL1 (California)
Posts: 14,550

Posted:

Glad you mentioned that. We have it in our CC&Rs too, Geno, but were advised to have the waiver as well.

GenoS (Florida)
Posts: 4,276

Posted:

It's an area where I think you can't be too safe and should take every precaution to protect yourself.

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