Can I inspect the air conditioning unit of the condo I am purchasing?

Destiny Goede
| Special for TCPalm

Editor’s note: Goede, DeBoest & Cross attorneys answer questions about Florida’s community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowners association law, real estate law, civil litigation, estate planning and business transactions.

Question : I recently signed an agreement to purchase a condominium unit from an owner in a condominium association. That being said, I would like to inspect the air conditioning unit of the condominium unit that I am purchasing and which is located on the roof of the condominium association. What are my rights in terms of access to the roof of the co-ownership?

A: The answer to this question depends a lot on the party responsible for maintaining, repairing and replacing air conditioning units. Furthermore, for the purposes of this question, we will assume that the roof is a common element of the condominium association.

If the roof is a common element, then the co-ownership association is most likely responsible not only for maintenance, repair, replacement but also for access to the roof, unless otherwise provided in the Declaration of Co-ownership. Additionally, if we assume that the condominium association is also responsible for the maintenance, repair and replacement of air conditioning units, including for the condominium unit you agree to purchase, it is not probably not required to provide you and/or the current owner with access to the roof to inspect the air conditioning unit, as you and/or the current owner are not required or responsible to maintain, repair and replace the air conditioning unit first.

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However, if the opposite is true and an owner is responsible for maintaining, repairing and replacing the air conditioning unit that only serves their condominium unit, then the current owner likely has the right to access to the roof in order to fulfill its obligations. its maintenance responsibilities. The condominium association likely already has procedures for owners to provide advance notice and allow time to access the roof to maintain, repair, or replace air conditioning units. To this end, with the collaboration of the current owner by making an appointment with the condominium association to access the roof, you will be able to inspect the air conditioning unit.

It is important to determine which party is responsible for maintaining, repairing, and replacing that condominium association’s air conditioning units. As such, I encourage you to speak to your legal advisor regarding a review of the declaration of co-ownership and the rules and regulations to determine the extent of the current owner’s legal rights and your own rights.

Destiny Goede, Esq., is an attorney with the law firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your request to: [email protected]. The information provided here is for informational purposes only and should not be construed as legal advice. Publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross or any of our attorneys. Readers should not act or refrain from acting on the basis of information contained in this article without first contacting an attorney if you have any questions about any of the issues raised here. Hiring a lawyer is a decision that should not be based solely on advertisements or this column.