Florida Community Association Manager Practice Exam

Can an association take away a member's right to access their own unit or parking?

1. Yes, always

2. No, they may not

3. Only if voted by the board

4. Yes, but only temporarily

The correct answer is: No, they may not

The correct answer is that an association may not take away a member's right to access their own unit or parking. This principle is rooted in members' fundamental rights related to their property ownership. Owners have legal rights to their individual units, and these rights include the ability to access their property without unjust restrictions. Community associations are governed by a set of rules and regulations known as covenants, conditions, and restrictions (CC&Rs). While associations have the authority to enforce rules that promote safety and community welfare, they cannot violate the basic property rights of individual members. Access to one’s own unit should generally remain unfettered unless there are significant issues, such as legal matters involving foreclosure, health and safety concerns, or emergency situations that justify limitations. In this context, options suggesting that an association can take away access, whether permanently, conditionally, or temporarily, misinterpret the legal limitations on an association's authority in relation to an owner’s rights. Therefore, members retain access to their units and parking at all times, barring exceptional circumstances that are legally justified.