By Jan Bergemann

Published December 3, 2021


Fights over the right of the association to enter (inspect) the units whenever they find a good excuse is a pretty common occurrence. Many lawsuits (and arbitration cases) have been fought over this issue.


This is the provision that allows associations entry into the unit:

(a) 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.


That doesn’t mean that a board member or a CAM can enter the unit just because they feel like it. But it happens all the time as many videos have shown. Many condo owners have installed video cameras activated by movement. And many CAMs and board members have been caught entering units without a reason, some even watched TV and helped themselves to some drinks. Or even worse: They stole unit-owners’ property.


If a pipe breaks and the water is running, it’s an emergency and needs immediate attention to prevent further damage. But if there is no real emergency the association (CAM and/or board member) should be obligated to make an appointment and find a time that is agreeable for all parties involved.


Even Condo owners deserve some privacy.

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Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website:

Educational Website:

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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