Can I test the air conditioning in the condominium I’m buying?

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

Question: I recently signed an agreement to purchase a condominium unit from a condominium association owner. That being said, I would like to inspect the air conditioning unit for a condominium unit I am purchasing located on the rooftop of a condominium association. What are my rights regarding access to the condominium association’s rooftop?

A: The answer to this question largely depends on the person responsible for the maintenance, repair and replacement of air conditioners. Additionally, for 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 condominium association is likely responsible not only for maintenance, repairs, replacement, but also for access to the roof, unless the Condominium Declaration provides otherwise. In addition, 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, then it likely will not be required to provide you with and/or current the owner will have access to the roof to inspect the air conditioner as you and/or the current owner are not obligated or responsible for the maintenance, repair or replacement of the air conditioner.

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However, if the opposite is true and the owner is responsible for maintaining, repairing and replacing the air conditioner that only serves his/her condominium unit, then the current owner likely has the right to access the roof to perform his/her maintenance responsibilities. The condominium association likely already has procedures in place to allow owners to notify and schedule access to the rooftop for air conditioning maintenance, repair or replacement. To this end, with the cooperation of the current owner and an appointment with the condominium association for access to the roof, you will be able to inspect the air conditioner.

It is important to actually determine which party is responsible for the maintenance, repair, and replacement of the air conditioning units in that condominium association. Therefore, I recommend that you speak with your legal counsel about reviewing the Declaration of Condominium and the Rules and Regulations to determine the extent of your legal rights and the rights of the current owner.

Destiny Guede, Esq., is an attorney with the law firm of Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your concerns for future articles, send a 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 information contained in this article without first contacting an attorney if you have questions about any of the issues raised in this article. Hiring a lawyer is a decision that should not be based solely on an advertisement or this column.