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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102504
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am the landlord of a condo in Florida that I am renting.

Customer Question

I am the landlord of a condo in Florida that I am renting. The HOA has recently stated that a new bioscan system is being installed requiring a new scan. In addition they are stating that only the tenant can be scanned - not me. Is this legal?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me a little more about the bioscan?

1) What does it scan?
2) What is it for?
3) How does it work?
4) Where is it located?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

It scans your fingerprint to allow access to the inside of the building. The HOA is limiting my access to my unit without going to the front desk. Do they have the right to do this?

Expert:  Ely replied 3 years ago.

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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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