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Owners Should Be Aware Of Unit Entries

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: July 17, 2008

Recently we had a few incidents at our condominium where it appears a board member was entering units using the association keys to do favors such as delivering packages or checking on suspicious noises. The board member did not first ask the unit owner's permission to enter.

Upon hearing of the incidents, other board members were upset that the association's keys were used under any circumstance to enter units.

Does such an act constitute trespassing? What should be the policy for entering units?

P.M.

Key West

Although the statutes and most documents allow entry for repairs and inspections, the board must use care not to abuse the privilege.

Receiving mail can create serious problems. If someone other than the addressee signs for time-dated documents and then, for some reason, fails to quickly deliver the mail to its rightful recipient, that person may face legal or financial consequences.

I have seen situations where an association or board member accepts an unauthorized package, or one with missing contents. It's a nice thing to accept packages but it opens up too many liability problems.

As for entering units, by doing that the board accepts responsibility for a huge number of possible problems. I suggest the unit owner always be contacted before a director enters. That may entail sending a letter or making a phone call. Maybe a written authorization from the owner would be required.

In communities without a strict entry policy, I've seen cases where owners claimed the loss of jewelry and gold coins, including an owner who claimed a loss of $25,000 worth of jewelry.

I suggest a board policy defining when and how an entry is authorized, and how association keys are kept secure. I suggest a two-man policy be used for any entry, such as two directors or a director and the manager entering together.

I have lived in my condominium since 1982 and it is paid for. But each year, our maintenance fees go up. I am 76 years old, retired and on a fixed income.

I heard recently that the association cannot throw me out of my home for not paying the maintenance fees. I was told that a lien could be put on the property until I died or moved. If I died, my inheritors (children) would have to pay the lien. I would appreciate any information you have on this issue.

C.A.

Stuart

I could write a book on your situation. Unfortunately, it would be nothing but bad news.

Inflation occurs and prices rise, so it will naturally cost more to maintain the community as time goes on. You must pay those fees. The information you received is incorrect.

If you do not pay your maintenance fees, and pay them on time, the association can lien and foreclose your home. That means that you will be on the street. Although Social Security income adjusts for inflation, it is not enough to cover true price increases.

Warn your children and grandchildren to prepare for their retirement by starting to save today.

Living on a fixed income creates the very problems you now face.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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