By Gregory Arzumanov, President
1. Does the law require me to give the association a key to my unit?
Chapters 718 and 719, Florida Statutes, do not specifically address the issue of providing keys to the association. However, 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 or as necessary to prevent damage to the common elements or to a unit. One may review the documents of the association for clarification.
Condominium: Section 718.111(5), F.S.
Cooperative: Section 719.104(1), F.S.
2. Can the association charge me $100 to lease a unit?
This type of charge is generally referred to as a transfer fee. If an association is required by its documents to approve the transfer (sale, mortgage, lease, etc.) of a unit, the association may charge a fee, if a fee is provided for in the association documents. The maximum charge allowable is $100 per applicant, and no charge may be made on renewals with the same lessee or sublease.
Condominium: Section 718.112(2)(i), F.S.
Cooperative: Section 719.106(1)(i), F.S.
3. How much can a board fine a unit owner for a condominium rule violation?
If the declaration or bylaws so provide, the association may levy reasonable fines against a unit for the failure to comply with any provision of the association documents. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation provided that no such fine shall in the aggregate exceed $1,000.
Condominium: Section 718.303(3), F.S.
Cooperative: Section 719.303(3), F.S.
4. As a renter, do I have the same rights in using the common elements as a unit owner?
When a unit is leased, the tenant shall have all use rights of the association property and common elements that otherwise would be available for use by unit owners. The association may adopt rules to prohibit duel usage by the unit owner and the tenant.
Condominium: Section 718.106(4), F.S.
Cooperative: Section 719.105(3), F.S.
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