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PRIVACY IN A CONDO?
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:
FS 718.111(5)
RIGHT OF ACCESS TO UNITS.—
(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 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
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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: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
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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