Q&A – Right to Enter Residence

Q. Somewhere in the statutes it says that in a condominium building management has the right to enter a residence in the event of an emergency.  It affords this right on the basis that it is necessary to prevent further damage to the residence, adjoining residences and/or community property.  Which statute is that, please?

A.  Maintaining the privacy of owners in an association is always important, but exceptions to the rule of privacy do exist within the statutes.  Florida Statute section 718 addresses the issue of an association’s right to enter a unit and clearly delineate when the association may enter a unit “uninvited”

F.S. section 718.111(5) – Right of Access to Units.    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 or units.

The statute does not use the word, “emergency,” but the words, “as necessary to prevent damage to the common elements or to a unit or units.” Not all reasons to enter a unit arise from an emergency. In other words, the statute does not limit the association from entering a unit based upon a perceived emergency.

About Fred Gray

Fred Gray is the owner and President of Gray Systems, Inc and is a licensed general contractor in the state of Florida. Fred has been part of the Community Association Manager Continuing Education industry in Florida since 1988.
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