While we await the Governor’s approval of House Bill 1195, which covers the majority of changes to the Condominium laws, there are other House Bills which have already been signed into law that effect condominium associations.
One such new law, which was House Bill 59, becomes effective July 1, 2011, as Section 48.031(7), Florida Statutes. This new law provides that a gated residential community, including a condominium, must grant unannounced entry into the community, including the common areas and common elements, to a person attempting to serve process on a defendant or witness who resides within or is known to be within the community.
Therefore, after July 1, 2011, the guards at the gates can no longer deny access or announce a process server who is attempting to serve a Summons and Complaint on a condominium association or an individual living at Century Village.
Mark D. Friedman is a senior attorney at the West Palm Beach office of Becker & Poliakoff, P.A. You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com.
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What about towing companies hauling away cars ?? Does security have to let the towing company in?
ReplyDeleteThe section of the Statute discussed is specific to process servers.
ReplyDelete