Thank you for your clarification.
On this website, I do not always get to give good news, and this is one of these times.
1) It is legal for the HOA to secure a scan system, yes. In essence, it is not different than an automatic security guard.
2) They can limit it to the tenant, yes. If you have a tenant, the tenant "takes over" your rights for the term of the lease
under Section 718.106(4) of the Florida Condominium Act: "When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest
, unless such rights are waived in writing by the tenant."
In other words, the tenant takes on the rights of the owner for the duration of the lease. The bioscan is the equivalent of a security guard at an entrance, and as a guest now, you have no automatic entry unless approved by the tenant or someone else who has the right of entry.
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