Condominium Insider

MEEB’s Condo Law Newsletter

Governance and Board Operations, Collections and Lien Enforcement, Construction Defect Litigation, General Litigation, Insurance and Risk, Fair Housing and Accomodations, Maintenance and Repairs, Rules and Enforcement, Lending and Finance, Landlord Tenant, Legislation and Regulatory Updates, MEEB Case Results, Resolutions and Amendments Mark S. Einhorn, Esq. Governance and Board Operations, Collections and Lien Enforcement, Construction Defect Litigation, General Litigation, Insurance and Risk, Fair Housing and Accomodations, Maintenance and Repairs, Rules and Enforcement, Lending and Finance, Landlord Tenant, Legislation and Regulatory Updates, MEEB Case Results, Resolutions and Amendments Mark S. Einhorn, Esq.

HOW TO DEAL WITH A ‘BAD’ CONDOMINIUM TENANT - CONTACT THE OWNER

If a condominium owner regularly plays loud music, rolls golf balls across an uncarpeted floor, otherwise disturbs other residents or violates association rules, the board’s response is clear: Notify the owner that he or she is violating the rules and fine him/her if the violations continue. But what if the annoying resident is a tenant, not an owner? 

The response isn’t quite as straightforward. The board has no direct relationship with the tenant, no authority to enforce the association’s rules against him, and certainly no authority to evict him, unless the governing documents specifically grant that authority, which most do not.  The board’s relationship is with the owner of the unit, who is the tenant’s landlord, so any actions the board takes should start there.

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Governance and Board Operations, Collections and Lien Enforcement, Rules and Enforcement Richard E. Brooks, Esq. Governance and Board Operations, Collections and Lien Enforcement, Rules and Enforcement Richard E. Brooks, Esq.

STORM WARNINGS

If condominium board members are compiling a list of New Years’ resolutions, a commitment to staying on top of association collections should definitely be on it. This is always important, but it is likely to be especially important this year for three reasons:

Inflation is increasing the cost of major projects, which in turn will increase the size of the assessments on owners and the association loans required to pay for the projects. 

Inflation is also forcing some associations to increase common area fees, adding to the financial strain on owners who are already struggling with rising costs. 

Slower growth and economic uncertainty could boost unemployment, creating another risk for households and for condo associations.

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