Unfortunately, many associations must deal with the dilemma of how to respond when an owner is less than cooperative.  Take for instance, an association that has a governing document requiring the association to provide pest control.  What happens when the Unit Owner decides he or she doesn’t want to let the association enter the property to provide this service?

The association must review its documents and make sure it has the right to enter.  The Governing Documents of most associations mirror Florida Statutes §718.111 (5)(a) which states, “The association has the irrevocable right to 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.” Naturally, it seems pretty clear the association has the right to enter.  But, Florida Fourth District Court of Appeals in Joyce Small v. Devon Condominium B Association, Inc., (April 2, 2014), has just ruled that a condominium association must show its actions were “reasonable and necessary” to sustain the right to enter without consent.

So in accordance with this ruling the question for the association then becomes whether the association takes an aggressive stance and enters, and possibly later fights it out in Court, or files a Declaratory action seeking the ruling of a Court, as well as injunctive relief, before actually entering the property. As always, Clayton & McCulloh recommends that associations seek advice from their counsel before engaging in those types of actions.