From time to time, an association will be confronted with the need to go into or onto an owner’s property for the purpose of undertaking required maintenance as may be authorized by the governing documents. In some instances, the association, in order to prevent further damage to other property, may need to go into a unit to remediate mold or other water damage when the owner is unavailable or refuses to provide access to the association. In either situation, however, it is not uncommon to encounter owners who are not just uncooperative but some who threaten violence. What is an association to do? First, the association must understand what rights it may have. For homeowner association communities, the Homeowner Association Act, Unlike the Condominium Act, does not have any specific statutory language governing access. In such a situation, the Board of Directors and management must look to its governing documents which almost always (especially for townhome communities) have a provision that allow for reasonable access for the association to the property to fulfill maintenance obligations. As for condominiums, Fla. Stat. 718.111(5) provides the statutory right for access to units during reasonable hours, when necessary, for the maintenance, repair, or replacement of any common elements. The statute further provides guidance on the process an association must take to access an abandoned unit. Second, except when bona fide emergency access is needed, condominiums should give the owner written notice of its need to enter the unit. If the unit is abandoned, at least two (2) days’ notice is required. For units that are not abandoned, the statute is silent on the amount of notice to be given. Absent a provision in the Declaration of Condominium, you may, for guidance, review Fla. Stat. Section 83.53(2) of Florida’s Landlord-Tenant Act which defines reasonable notice as 12 hours prior to entering between 7:30am – 8:00pm. Homeowner associations should follow similar protocols unless the governing documents provide specific notification timeframes. Understanding that an association may have access rights does not guarantee that the owner will be cooperative. In such situations, a homeowners association may serve a pre-suit...