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Can the condo association prevent me from taking visitors into my unit?

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    Can the condo association prevent me from taking visitors into my unit?

    Hello forum,
    I am years behind in my association maintenance fees, and my unit is in foreclosure. But, I still own it and have possession. As you may know, Florida passed a law in 2010 that prevents me from using amenities (like the pool or fitness room). The law specifically allows me to have access to the unit through the common access ways.

    Yesterday when I tried to bring a visitor through the front doors, the front desk employee said I couldn't, and said the manager said not to allow me any visitors. This probably came from the board of directors orders. Does anyone know if the condo association can prevent me from taking visitors into my unit?

    #2
    I preface this by stating that I have no real clue but. . .

    If there is a law that specifically prohibits the Association from denying you, as the titled owner, access through common areas that tells me there is no law that prohibits the Association from denying such access to non-owners. You should pull the Statute you are referring to and read the applicable portions to see if there is any reference to allowing access to the unit of the guests of an owner. Also review your CC&R's.

    Just a guess.

    Des.

    Comment


      #3
      It may be more of an issue with the CC&R's. But, I do see the HOA side on this one, you haven't paid your fair share of the dues, so you may not utilize resources and the HOA can deny anyone "but" residents access to the HOA grounds, it is private property. Keep in mind, HOA's are mini-communities.

      But do I know the answer for sure, no. But my gut instinct says they HOA can probably do what they are doing.
      Last edited by HHM; 05-22-2011, 07:55 AM.

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        #4
        First time ever to disagree with Des and HHM. A condo is "common real estate" which means by the fact alone that you purchased your house and it sits on "private" property that is yours (the house foot print and little yard place usually) you own your percentage of the common grounds. It is an "easement of way" and they cannot keep you or your friends access rights to your house. They can forbid you use of amenities, but not access. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Originally posted by AngelinaCatHub View Post
          . . . A condo is "common real estate" which means by the fact alone that you purchased your house and it sits on "private" property that is yours (the house foot print and little yard place usually) you own your percentage of the common grounds. It is an "easement of way" and they cannot keep you or your friends access rights to your house. They can forbid you use of amenities, but not access. 'Hub
          Sounds very plausible. . .

          Never really dealt with the “power” of an HOA since mine is only responsible for irrigation and maintaining the “private” roads.

          Des.

          Comment


            #6
            Originally posted by AngelinaCatHub View Post
            First time ever to disagree with Des and HHM. A condo is "common real estate" which means by the fact alone that you purchased your house and it sits on "private" property that is yours (the house foot print and little yard place usually) you own your percentage of the common grounds. It is an "easement of way" and they cannot keep you or your friends access rights to your house. They can forbid you use of amenities, but not access. 'Hub
            good point, I am not convinced on the "friends" part though. Ultimately, it is not an issue of statute, it will be an issue of the CCR's. But that is a very good point...denying "access" to guest may be beyond the power of an HOA.

            Comment

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