A New Right of Access for Condominium Associations
Setnor Byer Insurance & Risk
Insurance, Condo Insurance, Condominium Associations
Sometimes a condominium association needs to enter an owner’s unit, which is why Florida’s Condominium Act gives associations an irrevocable right of access. This right of access may only be used during reasonable hours to perform needed maintenance and repairs or to prevent damage to the common elements or to other units. However, Florida's Condominium Act was amended on July 1, 2014 to expand an association’s right to access units that have been abandoned.
Under the new law, an association may enter an abandoned unit to:
inspect a unit and adjoining common elements;
make necessary repairs to a unit or to the common elements serving the unit;
repair a unit if there is mold or deterioration;
turn on utilities for a unit; or
otherwise maintain, preserve or protect a unit and adjoining common elements.
When is a unit considered abandoned? Unless a unit owner provides the association with written notice to the contrary, a unit is presumed to be abandoned if:
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; or
no tenant appears to have resided in the unit for 2 consecutive months, and the association is unable to contact or determine the whereabouts of the owner after reasonable inquiry.
Except in cases of emergency, an association must wait 2 days after giving the owner notice of its intent to enter the abandoned unit...
For the full article please visit: http://setnorbyer.com/riskbriefs/post/A-New-Right-of-Access-for-Condominium-Associations.aspx#post0
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