Condo association entered my unit without permission!! (Miami: tornado, homeowners association)

[Samantha6]

Hi everyone,
wonder if you guys can help me with this.
I am renting a unit from a condo owner in Brickell Miami. I was out one day when I recieved a phone call from the condo (not the unit owner) asking if they can let someone into my unit to look at the balcony. I did not even know there was anything wrong with the balconies and they seem fine to me!
There was not even a notice, it was like he is here now can we let him in.

Anyway I am a single female who just moved to Miami and am hesitant letting strangers into my home. So I said NO. I told them I do not want anyone in my house unless I was there. I said this to 2 people in condo association and told them I would be home Today so he can come today after they give me a time slot. They said sure ok.

Yesterday I came home to find that someone had been in my unit ( I know this because I leave my balcony open every day b/c of poor circulation in my studio. And yesterday it was not only closed but locked as well. I am on the 35th floor with nothing infront of me so I dont bother locking it and I leave it open. So I am assumin gthe condo association gave the balcony guy my keys when I was not home. They did not call or anyhting to warn me. What if I had been home or something!

Anyway does anyone know what I should do? This is my first time renting in Florida, I dont know the laws. I have not spoken to the association yet because I want to know I have a right and want to have some knowledge about my rights before I go talk to them. Please help!

[Racelady88]

Have you spoken to the owner of the condo? Perhaps he/she gave permission for the unit to be entered.

Have you read the association rules? Perhaps there is a clause that allows for them granting entrance to repair people if they believe there is a safety concern and having your permission is not required.

[sunrico90]

Any condo managers in the forum?

[Ladywithafan]

Originally Posted by Samantha6

Hi everyone,
wonder if you guys can help me with this.
I am renting a unit from a condo owner in Brickell Miami. I was out one day when I recieved a phone call from the condo (not the unit owner) asking if they can let someone into my unit to look at the balcony. I did not even know there was anything wrong with the balconies and they seem fine to me!
There was not even a notice, it was like he is here now can we let him in.

Anyway I am a single female who just moved to Miami and am hesitant letting strangers into my home. So I said NO. I told them I do not want anyone in my house unless I was there. I said this to 2 people in condo association and told them I would be home Today so he can come today after they give me a time slot. They said sure ok.

Yesterday I came home to find that someone had been in my unit ( I know this because I leave my balcony open every day b/c of poor circulation in my studio. And yesterday it was not only closed but locked as well. I am on the 35th floor with nothing infront of me so I dont bother locking it and I leave it open. So I am assumin gthe condo association gave the balcony guy my keys when I was not home. They did not call or anyhting to warn me. What if I had been home or something!

Anyway does anyone know what I should do? This is my first time renting in Florida, I dont know the laws. I have not spoken to the association yet because I want to know I have a right and want to have some knowledge about my rights before I go talk to them. Please help!

I work for a condominium association.

First of all, in the condominium office, all keys to are units are kept so that when repairmen/workers need access, we can provide them with that. At least they did call you, that's a good thing...if there is an issue with the balcony which may be due to sealing, repair needs, etc...unless the owner keeps up with the condominium upkeep, he would not have called you...usually, in my situation, we call the unit to see if either the owner, or renter is in residence...if so, we just send the repair men over...if no one answers, we check out a key to the workers...otherwise, nothing would ever get done if we have to wait for someone to be home to let workers in...as a renter, I'm sure you have no idea what types of remediation are occuring on the propoerty, especially if this is your first rental there...work goes on continously to maintain the upkeep of condo common areas which may include the balconies to private units as well.

If we have work (to be done during season Nov through April), we always call the units at a minimum of the day before the work is to be performed, in that way, renters and owners are alerted to the fact that workers will be coming into their units (for ex. we just had to get 85 units up to Florida code regarding the hard-wiring of smoke detectors. This had to be done by June so unfortunately, we had to disturb our owners with this issue...normally all condo construction/remodeling is to be done between May and November only, so as not to disturb people during season).

When you began your rental, you should have checked in with the condo office and received a copy of the rules and regulations...we also try to keep track of who's in & out at my association...this is not because we're nosy, but if there's storms, tornados or hurricanes, we notify the residents regarding evacuation procedures...if we don't know someone's in a unit, we can't warn them.

Are you a "legal" rental, would be my next question. If you don't know the answer to that question, you need to contact your landlord.

[daytripper]

I work for an homeowners association management company. Normally they would be required to give the standard 24 hours notice that they were going to enter your apartment. Were there any notices posted in the lobby that you maybe did not see?
If a balcony inspection was in order for all units they could not in theory have the inspector make a special return trip just to inspect your unit. Ask if notice had been given... maybe there was a miscommunication between you and the mangmnt co.

but the answer is no.... they can not enter without at least giving you 24hrs notice. The only time they can enter with no notice is for emergency only.

[Samantha6]

wow thanks for your inputs. I do not agree to maintenance entering your unit just because you do not pick up your phone. What if my phone doesnt have connection or loses battery.
The thing is, they called my Wed afternoon to tell me the balcony guy was here and for authorization to let him in. I was about an hour from my house so I said no, I will be home in the evening but the best time for him to come is on friday because I will be home all day. Also I thought it was kind of weird when she called on wednesday to say the balcony engineer was here can we let him in. Im like huh what wrong with my balcony and why is it such short notice? By the way, There have been some occurances in the last week around miami where 2 guys go to peoples homes telling them they are there to do repairs and then rob them!! check the news! Anyway she told me they wanted to get it done by the end of the week so I figured I would stay home all day on friday (today). She said fine no problem. Instead, while Im out on Thursday they let themselves in. They did not call to say that they were entering that day whether I like it or not!!

What if I had been home in the shower or something ad didnt hear the knock and then come out to see some guy in my home!! what if I was sleeping! creeepy I probably would have thought it was an intruder and clubbed him or something!

I called earlier to speak to the manager and they told me she was in a meeting and would call me back. well still no phone call and I think the office is now closed.

[imagardener]

We have a condo manager that insists he has the right to have all keys also. Many owners oppose this. The condo association rules from the state of Florida state that manager may have access in case of emergency but it does not state that keys must be on file.
If it were me I'd install another lock for security sake and have a deadlock from the inside when you are there. I would not trust who has access to the keys in the condo office. They will not take you to court becuase the state law says they have access but not right to a key. Access means YOU let them in- not that they let themselves in.

If you are a tenant make a complaint to your landlord. It's a renters market out there and landlords want to keep their tenants happy.

If you are an owner you have a right to privacy and no one should enter without your permission or you being present.

Didn't we fight the American revolution over this principle (and others)?

Too many condo managers interpret the law to make their job easy instead of what is legal and a condo-owners rights.

[pondjc]

I'm afraid bitching about what happened may end up with the condo association turning their shoulder on you when you really do have a serious issue! I totally understand where you are coming from, but as the other poster mentioned, the condo association has to get business done as well. Maybe you can ask for more prior warning or something. ;-)

[heydade]

change the locks to make sure it never happens again and report it to the police department. They entered without authorization...that is breaking into an entry.

[Ladywithafan]

Originally Posted by pondjc

I'm afraid bitching about what happened may end up with the condo association turning their shoulder on you when you really do have a serious issue! I totally understand where you are coming from, but as the other poster mentioned, the condo association has to get business done as well. Maybe you can ask for more prior warning or something. ;-)

Like I mentioned, when we know we have contractors coming to work on units, we make those phone calls 24 hours in advance.

When there is work being done on the property, we don't have time to schedule contractor's around unit owner's schedules...



Having your own deadlock installed is no big deal, but, for example, today I got a call at 8:39 a.m. from the police/fire department asking me to open up a unit as one of my owners had fallen & broken a hip....if there would happened to have been a deadbolt that we were unaware of, we would be unable to get the door open and would have to break it down....

As a renter, you should have access to the Rules and Regulations of the condominium.