Landline Phones in Rental Condos in Florida

Started by JimT6 • 13 replies • 6988 views

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JimT6 (Florida)
Posts: 3

Posted:

Our condo association is asking if anyone knows if there is any Florida statute that requires a landline telephone in condos that are rented. More and more of our owners who rent their condo units are interested in eliminating their landline telephone service because they primarily use their cell phones and the vast majority of renters use theirs.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jim,

I can't help but ask, why would that be a requirement?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jim,
There is no Statute requiring land lines in condos, especially stating that rentals must have them. BUT!!! some condo associations have all units connected with security systems which require land connections. And surely there must be an association rule that every unit must have a phone number registered in the office in case of needing an emergency contact. It's a different day and HOA requirements need to catch up with 21st century technology because cell phones are used more widely that land lines.

JimT6 (Florida)
Posts: 3

Posted:

We didn't know if it was a liability issue concerning availability of "911 call" in emergencies occuring in the condo unit. If necessary, we will have our association manager run it by an attorney for legal opinion.

JimT6 (Florida)
Posts: 3

Posted:

DonnaS,

Thanks for the reply. We do require all unit owners to have a telephone number for emergency contacts but, with the exception of 2 (of 48) resident owners, our owners are "absentee owners" who often rent to beach vacationers. Thus, the telephone numbers provided for emergency contacts are usually local rental managers or the owner's home numbers.

AnnaD2 (Florida)
Posts: 960

Posted:

Just my own opinion---but if I were to rent a condo in Florida I would WANT landline access. I can't imagine renting a condo without a phone. With the power problems (especially in Florida) sometimes a landline is the only connection to the outside when there is no power to charge a cell phone.

I, too, would want it for 911 service. They are set up to find an address that is linked to a landline phone number. Not always so with a cell---but they're working on that.

If I were looking into rentals and the description said: Bring your own phone.....I'd continue looking elsewhere.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Anna and all,
I will check this but we had an issue like this once before, when a question came up about 911 service and a rental company special phone service they used for their clients. If your documents address rental property I think the owner would be required to have 911 access, that is a land phone that provided that service. As an association that has a rental policy, they would have to require the owners that rent to have a Landline in the unit. I don't think the association can enter into any arrangement with an individual owner (that rents, in this case) and not require the same facilities that are required in all rental units in the state, motels, hotels. etc.
Is there an 911 state police, I doubt it, but there is an obligation of the Board to protect the association, and not requiring a land phone with 911 is exposing the whole needlessly.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Robert,
That is a good point to share. The condo that I rent out requires a land line for 911 purposes only. Bell South who is the carrier there charges $5.00 per month to keep a 911 connection . That also eliminates the connection charge/off charges each and every time there is a change in accounts.

KirkW1 (Texas)
Posts: 1,665

Posted:

Wow, I am sitting here shocked. I would never have believed that someone would actually think that the HOA needs to get involved in a person's choice of phone service.

Sorry, but I find it absolutely offensive that some group or other would feel the need to tell me to tell me what phone service I must have. Or what phone service my landlord must provide. As I see it, a renter has the power to work out the issues of phone service without the interference of the HOA.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kirk,
HOA I agree about HOA's, Condo's not so much. Lots of condos have large short term rentals. The association should know who is in these units with a copy of a signed lease. Not saying all do, probably most don't, and this can cause problems. Now, if you don't have a 911 landline and you are running a business and rentals are business you (the owner) and the association are connected and maybe legally.
If you don't provide a 911 in a rental unit in a HOA and your tenant gets burned up becaus eyou didn't provide a landphone 911 service, you are in trouble. Too many people that rent in HOA's and Condo's are doing this on the sly and that is not good for the whole.

If you live in a condo or HOA and you don't want a 911 landline service, don't get one, as you say, no one can make you, but in this day and age, you are still responsible for any guest on your p[roperty and I would suggest having a 911 land line.

On this topic I have seen a few e-mails lately that tak of some way to get a roaminging 911 for your cell phone, and will check that out as I live in a condo fulltime and a roaming cell with locator link to 911 would be nice.

KirkW1 (Texas)
Posts: 1,665

Posted:

Everyone wants to blame some other person for their failings. But I do not personally believe that the Condo Board or HOA could be blamed for not forcing the owner of the unit to providing 911 access. Not even for short term rentals.

On the other hand if you did get involved and failed your mission you have invited responsibility.

Where does the baby sitting stop? Will you next have the owners provide a written statement from the renter that he/she knows how to dial 911? Will they have to provide proof of liability on their car?

Of course the next step would be to ensure that the people have health insurance. But why stop there? You could even go so far as to make them attend safety sessions on the use of stoves and ovens. After all the HOA is somehow connected to the unit?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kirk,
I hear what you are saying and of course you realize the more involved or the more required by the Condo, the greater is the exposure to a third party lawsuit (I think that is the name).
But as, you say the BOD has to protect the association. I do think you have jumped to the extremes though about how far some would want to go. First there would have to be a reason and some of the things you are suggesting don't seem to fit that requirement. But, we go to motels all the time and hotels and B and B's and cruise ships and spa's etc, etc, etc. Think nothing of providing the information you are saying is offensive and go on our way. Would you want to stay in a large multi storied Hotel that didn't have a 911 #, or didn't require guest registration, and some things like that. I am more concerned that the requirement don't bind the association (all members) to a responsible legal position as a third party.

The owner renting the units has to assume responsibility and has no right to let that responsibility fall on the full time residents or some other owner that just happens to be around. And as far as I can see any offense perpetrated by a renter should be corrected by the owner as I am sure you are aware most are absentee and are the last to know of any problems. By the time they get involved the trouble is over and there action will be, please don't do that. Now as a full timer and my guest gets out of line, they come knocking on my door and tell me to fix the problem. I admit freely I am looking at this from a different viewpoint than an absentee owner, no doubt about it.

KirkW1 (Texas)
Posts: 1,665

Posted:

Quote:

...The owner renting the units has to assume responsibility and has no right to let that responsibility fall on the full time residents or some other owner that just happens to be around. ...

This is done through an indemnity agreement. And surely the owner should include something that details the conditions of the rental.

the thing is that 911 service (or the lack thereof) is a consumer issue. And I seriously wonder where you draw the line. You require the phone. Do you require a first aid kit? Do you require a fire extinguisher? Do you require some sort of non-slip treatment in the tubs? These are all more likely to be needed then the 911 call.

If your reasoning is valid, then you have invited a lawsuit from an owner who didn't think of one of these (or some other thing that might have helped protect from a suit). By the way, has any thought ever been given to actually looking HOA liability in these cases anyway? I just don't see how the HOA is responsible for what an owner does or doesn't provide (until you injected yourself into the business at which point I think you become liable for any failure to protect the owner).

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

This is an interesting discussion with a variety of observations and viewpoints.

There really is very little that constrains a homeowners association, whether condo or single family neighborhood, in restricting or mandating behaviors or affinities. It has been accepted that the types of animals kept as pets can be restricted. Dogs and cats are OK, but rats and snakes are prohibited.

It seems to me that if an association can mandate such things as the color of one's home for aesthetic reasons, it can mandate safety equipment such as fire alarms, extinguishers, 911 access, to be available in each unit for the overall safety of the building or neighborhood.

Nevertheless, my own proclivities tend toward fewer mandates and fewer restrictions.

The drawn line in the sand must be redrawn with each wave.

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