If an association board agrees to proceed with the Checklist idea, and an owner is unwilling to have someone come in and do this (even if supervised by a board member), can the association legally force the owner to comply? Would it require that the association have this added to the bylaws first? Let’s suppose such an amendment to the bylaws were passed by a majority vote, and two or three owners still refused to let someone in to start the Checklist procedure—what then?
I’m not asking a hypothetical question. I have already, in a letter to our owners, broached the subject of implementing the Checklist procedure and had one owner tell me he doesn’t want anyone snooping around his apartment. Fortunately, his apartment has been upgraded re the plumbing and electric, I am quite sure, but (1) we would not have 100% compliance without his participation, and (2) I expect two or three others will also object.
Does it really make sense to pursue this legally and try to force the issue for the benefits we might gain? It seems to me this could open quite a can of worms, not to mention alienate owners, if it is compulsory, not voluntary. Harmony within an association is a pretty important commodity, I think—not at any price, but is it worth sacrificing over this issue?
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Your BLOGMEISTER replies:
The law, FS 718, is specific:
Section 718.111(5) RIGHT OF ACCESS TO UNITS.—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 or units.
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ARTICLE XIV of the Declaration, "MAINTEBNANCE AND ALTERATIONS", Paragraph(C)(4), presents the actual documentary authority for the Board of Directors of an Association to enter any unit for the purpose of maintenance, INSPECTION, repair or replacement of the improvements within the units or the common elements, or to determine in case of emergency, circumstances threatening units or the common elements, OR TO DETERMINE COMPLIANCE WITH THE PROVISIONS OF THIS DECLARATION AND THE BYLAWS OF THE ASSOCIATION(emphasis added). The compliance specifics are found in Paragraph(C)(1), requiring each unit owner to maintain in good condition or repair...
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