lundi 6 mai 2013

DROIT À L'ASSOCIATION D'ENTRER DANS NOS CONDOS 
L'association peut avoir accès à nos condos sans notre permission pour les raisons suivantes:
Q: I own a condo in Fort Lauderdale and visit the unit a few times each year. Last month there was a water leak into the unit that is directly above mine. The water leak did not affect my unit. Yesterday I learned that the building security and maintenance people went into my unit without my permission or knowledge. While I am out of town, the association has my telephone numbers and never contacted me. When I asked why it was necessary to go into my unit, the president told me that they needed to inspect an association pipe located in my attic to make sure there was not another leak. Apparently, the unit below mine complained of a water leak. Can the association employees enter my unit without my permission to check pipes?

A: Florida law specifically states "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 of 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." Based on Florida law, if the association needed to check association pipes that they suspected was causing damage or to prevent damage, such action was proper.

Cependant, il ne peut pas `faire de vérification pour fin de vente.

Q:Can a board inspect your home — inside or outside — to make sure your property is up to snuff according the association?
A: Outside yes, inside no. During the sales process, many title companies prepare an estoppel letter, which ensures the unit is current with its maintenance obligations and advises if any special assessments are imminent. Many estoppel letters also ask whether the property is in violation of association rules, so new owners are not wrongly held responsible for actions of prior owners. The only way to ensure there are no violations is to inspect the exterior of the property. But, says Robbins, "[Generally] I do not see why the association would need to enter the interior of the property."

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