Palm Beach Gardens, FL asked in Real Estate Law for Florida

Q: Our COA has decided to prevent owners from accessing their own condos due to covid-19. Is this legal?

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1 Lawyer Answer
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: I can tell that you are not giving us the whole story.

I very much doubt that owners are prevented from accessing their units. But the use of the unit can be restricted. The building can decide to put itself on "lock-down" to protect its residents. in the covid-19 world, everyone must assume they, and everyone they see, has the virus.

This lockdown practice restricts contractors and guests from accessing the condominium property, with certain exceptions such as caretakers and emergency repairs.

The lockdown could also restrict unit owner access if they have traveled from certain areas - not from being able to use their unit, but from being able to freely use the whole of the condominium property - think mandatory quarantine.

I expect that absolute access is not the rule at your association, but limited use as described above has happened.

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