[RPPTL LandTen] T locked out by condo association question

[Greg Hass]

What (if anything) can a Tenant of a condo unit do when the condo
association has cut off both clicker and code access to the gate?  Gate
is always open from 8am to 6pm but beyond those hours it is locked and
unmanned, thus no way for T to get in.

 

The only clear remedy I can think of is for T to give a 7 day notice
under 83.56 (1) to the LL and thereafter terminate the lease.  I also
think T has a straight face argument that the LL is (indirectly at least
by not paying condo assessments) preventing T from gaining reasonable
access to dwelling unit in violation of 83.67 (2).

 

But what rights (if any) does T have to force condo association to allow
access to unit?  I can understand cutting off access to pool, gymnasium,
etc, if provided for in the condo docs, but preventing reasonable access
to the unit itself seems to be bypassing the foreclosure process
established for enforcing unpaid assessments in 718.116 (6).

 

I sympathize with the other unit owners who have to live with the
deadbeat unit owner's tenants, but it seems to me that the process is
for the association to foreclose the assessment lien.  I guess the
ultimate question is:  since the condo association is not the LL, are
they free to engage in what would otherwise be characterized as
prohibited practices when used by a LL?  Is the T completely SOL?

 

Thanks,

Greg

 

 

Greg Hass, Senior Counsel

 

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

 

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