In a Florida condominium, the association has a limited legal right to enter your unit, but only for specific purposes: maintenance, repair, or replacement of common elements or another unit, and genuine emergencies. It is not a general right to inspect your home whenever the board wishes. In an HOA, where you own your lot in fee simple, the right to enter your home is much narrower and depends on your covenants.

The statute

For condos, the right of access is in Florida Statute 718.111(5). It gives the association an "irrevocable right of access" to each unit, but only:

  • During reasonable hours, when necessary for the maintenance, repair, or replacement of common elements or of any portion of a unit the association maintains, and
  • As necessary to prevent damage to the common elements or to another unit (the emergency purpose).

That is the whole scope. The association cannot use 718.111(5) to conduct roving inspections of your home, hunt for rule violations, or enter for reasons unrelated to maintenance or emergencies. Reasonable notice is expected for non-emergency entry, and your governing documents may add notice requirements.

HOA is different

In an HOA, you own your home and lot outright. The association has no broad statutory right to enter your house. Any right to enter comes from your recorded covenants and is typically limited to shared areas, easements, or a narrow maintenance right the documents spell out. Read your declaration. If it does not grant entry, the association generally cannot come inside.

How to tell if the association overstepped

  • Someone entered your unit for something other than maintenance, repair, replacement, or an emergency.
  • The entry was to "inspect for violations," which is not a permitted purpose under 718.111(5).
  • No reasonable notice was given for a non-emergency entry.
  • In an HOA, the association entered your home without any covenant granting that right.

Step by step

  1. Document the entry. Note who, when, the stated reason, and whether notice was given. Photos and messages help.
  2. Ask for the legal basis in writing. Request the specific provision (statute or governing document) the association is relying on, plus any entry notice, with a records request (/documents/records-inspection-request).
  3. Object in writing if the purpose was not maintenance or emergency (condos: cite 718.111(5)), or if your HOA covenants grant no entry right.
  4. Escalate. Condo owners can file DBPR complaint form 33-032 (/documents/dbpr-complaint-guide) and use arbitration or mediation under 718.1255. HOA owners generally use pre-suit mediation and the courts; an unlawful entry can also raise trespass issues, so consider a Florida attorney.
  5. Call law enforcement for a genuine unlawful entry into your home, especially if it was not an emergency and no one was authorized.

What you can do next

Document any entry, request the association's stated legal basis with a records request (/documents/records-inspection-request), and object in writing if the purpose falls outside maintenance or emergency (condos: 718.111(5)). Condo owners can file DBPR form 33-032 (/documents/dbpr-complaint-guide); HOA owners rely on their covenants, mediation, and the courts.