By Lisa Magill

July 1st, 2014

Two recent cases decided by Florida’s Fourth District Court of Appeal impose conditions on access to individual units by condominium association boards.  The statute provides the association with the irrevocable right of access.  Section 718.111(5), Florida Statutes says:

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 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.

 The court focused on the word “necessary” in both cases – both ruling that additional facts had to be shown in order for the association to prove that access was indeed necessary.

Small v. Devon Condominium B Association, Inc. was issued in April of this year and involved access to the unit for the purposes of performing monthly pest control.  The unit owner had allowed the association to have her unit treated for pests on a monthly basis for a number of years.  She asked the association to discontinue the service in 2005, claiming she would use an alternative non-chemical pest control treatment.  The association agreed until 2009 when it demanded she allow the association to resume pest control treatments.  The owner refused and the dispute headed to arbitration before the Division of Florida Condominiums, Timeshares and Mobile Homes.  Read more: