By Anita Byer

Abandoned units can be a huge headache for condominium associations. The lack of maintenance and care typically associated with abandoned units often increase the risk of water leaks, mold, and other significant hazards. Fortunately, Florida’s Condominium Act provides associations with a powerful solution—an expanded right to access abandoned units.

Regardless of any authority provided in the condominium declaration or other recorded condominium documents, an association board may, in its sole discretion, enter abandoned units to:

• to inspect the unit and adjoining common elements;
• make repairs to the unit or to the common elements serving the unit, as needed;
• repair the unit if mold or deterioration is present;
• turn on the utilities for the unit; or
• otherwise maintain, preserve, or protect the unit and adjoining common elements.

 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 without prior written notice to the association; or
• no tenant appears to have resided in the unit for 2 consecutive months without prior written notice to the association, and the association is unable to contact the owner or determine the whereabouts of the owner after reasonable inquiry.

Note that except in the case of an emergency, an association may not enter an abandoned unit until 2 days after notice of the association’s intent to enter the unit has been mailed or hand-delivered to the owner at the address of the owner as reflected in the records of the association. The notice may be given by electronic transmission to unit owners who previously consented to receive notice by electronic transmission.

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 not unlimited. Condominium associations should consult with licensed professionals to ensure compliance with Florida’s statutory requirements. The Human Equation prepares all risk management and insurance content with the professional guidance of Setnor Byer Insurance & Risk.