Article Courtesy of The Sun Sentinel

By Daniel Vasquez

Published April 29, 2009

Must you hand a copy of keys to your condominium over to your association?

Some associations demand you do so, others strongly suggest it. However, many unit owners fear compliance leaves them open to such problems as invasion of privacy and theft.

"I refuse to hand my keys over," said Harold Wechsler, who lives in the 266-unit Plaza East condo community in Fort Lauderdale. "I have had several surgeries since January and there are very expensive (pieces) of medical equipment and medications lying around. What happens if something goes missing?"

Wechsler said in the 16 years he has lived there, various presidents and managers have implied he and his neighbors must hand over key copies in the event of an emergency, such as a fire or water leak, or in case routine maintenance is required and no one is home to open the door.

What did Wechsler do? Like a savvy unit owner, he consulted his governing documents and did not find such a requirement.

And never believe anyone who says Florida law requires it.

"Never forget, the statutes don't require that a unit owner hand a key to the association management or board," said Jan Bergemann, president of Cyber Citizens for Justice, a statewide group that represents condo and home owners. "The owner just has to make sure that the association has access in case of emergency."

In fact, the law does provide associations the irrevocable right to enter a home to respond to an emergency, for maintenance and in order to protect other units and unit owners. And if it must do so, when faced with such circumstances, the association may hire a locksmith and then send all related bills to the unit owner. Governing documents may allow the association to place a special assessment and lien for the cost to gain access.

Bergemann said that is why it may make sense to leave a copy of your key with a trusted neighbor whenever you may be out of town. Of course, you may also want to make sure the association or management realizes which neighbor has access to you unit.

It's also worth noting that state law does not allow an association director or any representative to use a copy of your key to enter your home to simply inspect your home.

At a recent class put on by the Office of the Ombudsman, which helps educate directors and unit owners about state laws, one woman complained about health problems related to her having handed over her key.

The association regularly has a pest control company enter units and spray for bugs. The pesticide causes her young son to have serious physical reactions.

"I have asked them to stop entering my unit for this purpose, written them letters, made phone calls, but it keeps happening. And I can't seem to stop it," said the woman, who asked her name not be published.

There may be changes to the law. Legislators are considering bills (HB 27, SB 718.111) that would require an association, except in cases of an emergency, to provide advance written notice of no less than 24 hours of its intent to access a unit.

If passed, these bills could also force the association to make sure access include two people; one of whom must be board member, manager or employee of the association, and one an authorized representative of the association. Also, the identity of the authorized representative must be provided to the owner prior to entering the unit.

To avoid problems, Wechsler posted a sign on his door stating that his water should be shut off if there is a leak and he is not present. He has not had a leak, so it is not clear whether his instructions will be followed.

"Put it this way, if something goes missing in my unit, like my medical supplies, it would be sheer disaster," Wechsler said.

Daniel Vasquez can be reached at:

[email protected] or at 954-356-4558 (Broward) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and at www.sunsentinel.com/condos. You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez