Anita Byer

Florida’s Condominium Act provides that a unit owner is entitled to the exclusive possession of his or her unit. But this right of exclusive possession is not absolute. A condominium association may need to access one or more units to address any number of problems, from the mundane to the catastrophic. Fortunately, Florida law allows condominium associations to enter a unit without the owner’s permission under specific circumstances.

Irrevocable Right of Access to Units. Pursuant to Florida’s Condominium Act, an 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.

Abandoned Units. Regardless of any authority provided in the condominium documents (declaration, bylaws, etc.), the association board may, in its sole discretion, enter abandoned units to:

• inspect the unit and adjoining common elements;
• make necessary repairs to the unit or the common elements;
• repair mold or deterioration;
• turn on utilities; or
• otherwise maintain, preserve or protect the unit and adjoining common elements.

Except in cases of emergency, an association must wait two days after giving the owner written or electronic notice of its intent to enter the unit. Unless the owner provides written notice to the contrary, a unit is presumed to be abandoned if:

• the unit is in foreclosure and appears to have been vacant for at least 4 continuous weeks; or
• the unit appears to have been vacant for 2 consecutive months and the association is unable to contact or locate the owner after reasonable inquiry.

Any expenses incurred by the association can be charged to the unit owner and collected using the association’s lien authority. Associations can also request a court-appointed receiver to lease abandoned units and use the rental income to offset the costs and expenses of maintaining, preserving and protecting the unit and the adjoining common elements.

The right to enter abandoned units is broad, but limited. Condominium associations should consult with licensed professionals to ensure compliance with Florida’s statutory requirements.

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