HOA Q&A: Can the condominium association have someone enter my unit when I am not home?
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.
Q: What rights does a condominium association have to enter my unit when I am not home? -- Port Charlotte
A: Pursuant to Section 718.111(5)(a), Florida Statutes, “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.” Essentially, the association has the right to enter a unit for the purpose of either performing its maintenance obligations as provided under the declaration, or to prevent damage to condominium property in the event of the presence of some hazard (e.g. fire, water, mold) that could spread to other units or the common elements.
Associations will often require each owner to provide a key to their unit to the association so they may access the unit for these purposes. However, except in the event of an emergency, the association is still required to provide reasonable notice to the owners or residents of the unit and to enter the unit during reasonable hours. Your declaration may also contain additional requirements with regard to access to units, so be sure to read your governing documents if you feel that the association has entered your unit in violation of any of the foregoing.
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Q: I made a request to inspect and copy the official records of my HOA. I only asked to see about 10 pages of records. I was told that I had to pay 25 cents per page for the records. I thought the HOA law provided that an owner could get up to 25 pages free of charge. Is this true? -- Estero
A: No, it is not true. Florida Statutes, section 720.303(5), provides that if the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection of records if the entire request is limited to no more than 25 pages. However, the same statute provides that the association can charge 25 cents per page for the copies.
More specifically, Florida Statutes, section 720.303(5)(c), provides that the association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The association may charge up to 25 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. Please note that the Condominium and Cooperative Statutes do not contain the photocopy machine provision found in the HOA Act.
Q: When do the Board of Directors meeting minutes need to be posted for an HOA under Florida Statute 720? ---Treasure Coast
A: Florida Statutes, Chapter 720, which governs Homeowners’ Associations (HOAs), does not require Board meeting minutes to be posted. However, it is possible your community’s governing documents require posting of the same. As for Condominiums governed by Florida Statutes, Chapter 718, there is no posting requirement here either, unless the Condominium contains 150 units or more. In the case of condominiums with 150 units or more, the minutes are to be posted on the statutorily required website.
Q: Our Association recently held its annual election. After the votes were tabulated, the winners were announced, but not the vote totals for each. Is the Board legally required to announce the totals at the meeting? --No city given
A: No. There is no legal requirement that the vote totals for each candidate be announced at the meeting. However, the vote tabulations and ballots are official records that must be kept for a year. So, anyone interested in the totals could make an official records request to see them.
Destiny Goede, Esq., is an Attorney at the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Can a worker for the condo association enter my unit when I'm not home?
