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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 18809
Experience:  B.A.; M.B.A.; J.D.
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My Florida condo building is accessed with RFID fobs. Condo

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My Florida condo building is accessed with RFID fobs. Condo association provides one fob per owner (each unit can have up to two owners). I have one fob and my co-owner has a second that he keeps for when he uses the condo. There are no provisions for additional RFID fobs provided in the association documents. The only other building access method is via a telephone entry system which requires a local area code number. I do not use this system because I am a snowbird and do not have a local area code phone number.
There is no other on site security or management to provide other means of guest access.
In 2011, the association documents were revised to request a 'local contact' for each unit, in the event owners were unavailable and a disaster required securing the unit. At that time, I requested and received from the building manager a third key fob for my local contact to access the building and my unit in an emergency.
Today, the association has announced that it will review all active key fobs and disable any fobs beyond the stated one per owner.
My questions:
-Can the association restrict key fobs if such key fobs are required to obtain access to my property?
-Is the association required to provide me with a means ( such as additional fee or documentation) to obtain additional key fobs?
-If I am indeed limited to one key fob per owner, is it illegal for me to duplicate my RFID key fob? There is no language in my association document restricting use of a key fob to owners only. Association has suggested I should leave my owners key fob with my local contact and get it from him each time I come to towm. I prefer give him a copy unless that is somehow illegal.
-If the telephone access system is cited as cause to restrict the number of key fobs to one per owner, does the association have any obligation to make the telephone access system more universally compatible ( I.e. not limited to certain area code phone numbers)?

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My Florida condo building is accessed with RFID fobs. Condo association provides one fob per owner (each unit can have up to two owners). I have one fob and my co-owner has a second that he keeps for when he uses the condo. There are no provisions for additional RFID fobs provided in the association documents. The only other building access method is via a telephone entry system which requires a local area code number. I do not use this system because I am a snowbird and do not have a local area code phone number.
There is no other on site security or management to provide other means of guest access.
In 2011, the association documents were revised to request a 'local contact' for each unit, in the event owners were unavailable and a disaster required securing the unit. At that time, I requested and received from the building manager a third key fob for my local contact to access the building and my unit in an emergency.
Today, the association has announced that it will review all active key fobs and disable any fobs beyond the stated one per owner.
My questions:
-Can the association restrict key fobs if such key fobs are required to obtain access to my property?



Response 1: Unfortunately, yes. The Association can do so for safety of the residents and to ensure that owners or their agents are the ones with the required number of FOBS at any given time. You can give your FOB to you local contact when you are out of town.



-Is the association required to provide me with a means ( such as additional fee or documentation) to obtain additional key fobs?




Response 2: No, the Association is not required to do so. So long as your unit has the requisite number of fobs, the Association duty ends there.


-If I am indeed limited to one key fob per owner, is it illegal for me to duplicate my RFID key fob? There is no language in my association document restricting use of a key fob to owners only. Association has suggested I should leave my owners key fob with my local contact and get it from him each time I come to towm. I prefer give him a copy unless that is somehow illegal.




Response 3: If there is no language in the condo documents restricting duplication, you can duplicate the FOB. However, I do not think that you would be able to duplicate the FOB and get it to work because the Association is the one that activates the code in the FOB to make it work. So, even if you make a duplicate, the duplicate would not work without your Association's input.




-If the telephone access system is cited as cause to restrict the number of key fobs to one per owner, does the association have any obligation to make the telephone access system more universally compatible ( I.e. not limited to certain area code phone numbers)?




Response 4: Yes. The telephone system should be able to work on any area code. So, the Association should fix that.

Customer: replied 3 years ago.

Thanks. Interestingly, the fobs we use (Keri) can indeed be 'cloned'. I will simply have two pieces of hardware emitting the same RFID access code. Frankly, this seems to me a less secure situation from an Association perspective than allowing additional (uniquely coded and traceable) fobs, but it will comply with the rules as written.


Have a great evening.

Thanks. Interestingly, the fobs we use (Keri) can indeed be 'cloned'. I will simply have two pieces of hardware emitting the same RFID access code. Frankly, this seems to me a less secure situation from an Association perspective than allowing additional (uniquely coded and traceable) fobs, but it will comply with the rules as written.


Have a great evening.

 


Response: Interesting indeed. I have a FOB where I reside and it needs the property management to activate the code in order for it to work!

 

 

You have a great evening too,

 

All the best,

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