Hello to all,
I have a question concerning giving out a copy of your key to the association. One condo owner in our association refuses to hand out her key because they does not want anybody entering while they are not there. We ask each condo owner to give us a key so that we can enter for emergencies...like fire or water or pest control. What are the rules in this case. The condo owner who lives beneath these condo owners are worried they will suffer the consequences of these owners refusal. I would appreciate advice on this matter and what the regulations state. Thank you....Helene
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Under the rules and regulations(Article XVII of the Bylaws)Section 3, paragrapgh 15.,"The Association MAY (emphasis added) retain a pass key for all units. No owner or occupant may alter any lock or install a new lock without the written consent of the Board of Directors of the Association. Where such consent is given, the owner SHALL (emphasis added) provide the Association with an additional key for the use of the Association pursuant to its right of access to the unit".
ReplyDeleteThis provision clearly assigns the obligation of the owner to give a pass key to the Association once the lock is changed. It does not however, on its face, require the unit owner to provide a key to the Association otherwise.
Section 718.111(5)F.S. Provides that 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.
Reading the condominium documents in conjunction with the statutory right of access, as cited above, has been interpreted by the "Division" as sufficient to require that the owner provides a key
as follows:
4000 Island Blvd. Condo. Assn., Inc. v. DeBeer, Case No. 99-1038 (Powell / Final Order After Default / March 31, 2000)
• Unit owners ordered to provide key to unit in accordance with condominium documents providing for association access and further requiring that unit owner shall provide a key if the locks are changed.
So, relying on this arbitration decision which has an identical provision as found in our documents, the Association may require the key to every unit.
Giving the key to your association also benefits you. We had no problem with giving a copy of our keys to the association. We also made copies when we changed the lock. It's nice to know when you are away, if some mishap happens it can be taken care of right away. Perhaps the person that doesn't want to give copies of the keys has little trust in their association.
ReplyDeleteI am posting a very good vital
ReplyDeletereason why everyone should give
a key to their unit to their
association. On March 29th a
couple who lives in my Association
left for Greece for 5 weeks. On
the 1st Wednesday of every month
Seacrest comes to spray all units
with bugspray. Upon entering the
unit owned by the couple who went
to Greece we found their carpet
soaked in water from a pipe from
their main bathroom. Not only is
it important to give a key it is
very important that the Association has an emergency
telephone number given by the
owners so I was able to call
their daughter and tell her about
the tragedy that was happening to
her parents unit. If we did not
have a key and an emergency
name and telephone # this tragedy
would have been an extremely huge
expense.
Nut, those people are very lucky to have you looking after them. But it sounds as if they need to pay attention to some Condo Commandments:
ReplyDelete1. Take personal responsibility.
2. Have safety inspection of your unit by plumber/electrician.
3. Have someone check your empty unit every 2 weeks while you are away.
4. TURN OFF THE WATER WHILE YOU ARE AWAY. Turn off at main and at valves in kitchen and bathrooms.