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Florida HOA. Are HOAs still able to enter properties because…

Florida HOA. Are HOAs still...
Florida HOA. Are HOAs still able to enter properties because their covenants say so, or are they getting trespass warnings?. I was told they are not allowing associations to simply enter property to search for violations or correct them..
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Answered in 17 minutes by:
1/7/2018
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,168
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

HOA managers may have limited rights to access the property without your presence depending on the circumstances. For example in emergency situations (for example there is a leak from one unit into another).

The situations in which they may enter must be described fully in your condominium documents. Otherwise they may not enter without first providing you written notice and a reason for entry. These reasons generally pertain to maintenance issues.

The may not enter without permission to search for suspected violations of rules. But if the violation can be seen from common property they may still assess a penalty.

Here is a link to the HOA Law:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

These articles discusses this in more detail:

https://www.realestatelawyers.com/resources/real-estate/residential-real-estate/florida-hoa-laws-what-homeowners-rights

https://www.nolo.com/legal-encyclopedia/when-you-must-allow-hoa-representative-enter-your-unit.html

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Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,168
Experience: Over 30 years of experience
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Customer reply replied 4 months ago
Mine is an HOA under Ch 720. You are saying they may not enter without permission to look for violations. Then they may not enter to correct violations, especially if there is a statutory requirement to wait 14 days for me to correct the violation?

They may not enter without your permission except for the emergency reasons specified in your HOA documents.

If they are entering without permission you may pursue a trespass action against them.

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The exception to the trespass may include HOA personnel under certain circumstances:

"(3) As used in this section, the term “authorized person” or “person authorized” means any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare."

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.09.html

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Customer reply replied 4 months ago
Fascinating. On my way home text shortly

Look at this article for a detailed discussion on Owner lawsuits against HOA over-reaching. It is not Florida specific but it has some useful information. Scroll down to Section V:

http://www.hindmansanchez.com/resources/article/homeowner-suits-against-community-associations/

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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