WE DON’T LIKE THAT GUEST:
What can be done?
PROBLEM: An owner invites a good friend frequently to spend weekends with her. Although this is a non-smoking community, this friend insists on smoking inside the owner’s unit, on her patio, and in common area hallways – all specifically forbidden by association rules.
SOLUTION: The association’s relationship is with the owner, not the guest, so the board’s enforcement actions must target the owner.
Most condominium documents have provisions stating that owners are responsible for ensuring that their guests follow association rules. Even if the documents are silent, the Massachusetts condominium statute (Chapter 183A) establishes that obligation and goes even further, specifying that owners will be responsible for any costs the association incurs as a result of the bad behavior of their “guests, family members, tenants or invitees.”
The board’s major enforcement tool is its authority to impose fines, and that possibility should guide the board enforcement actions. As a first step, the manager or a board member should inform the owner of the problem and ask him/her to deal with it.
If the owner doesn’t respond to this informal request, the board should write a formal letter informing the owner that his/her guest is violating the no-smoking rule and warning that the owner will be fined if the violations continue.
The next step is to have the association’s attorney send a formal violation notice imposing the fine,
noting that the owner will be fined at this rate (and if the rules permit, at an escalating rate) for subsequent violations, and noting also that the owner will be required to pay any legal costs – including attorneys’ fees and court costs, related to the board’s enforcement and collection efforts. Owners facing financial penalties, which can become liens against their units, will usually either make their guests obey association rules or stop inviting them.
The board will probably be dealing not only with the owner who invited the offending guest but also with neighbors who are complaining about the guest’s behavior. We typically advise boards not to get involved in neighbor vs. neighbor disputes (unless they involve fair housing concerns) and that advice applies here.
If the guest’s behavior is disruptive (noise) or criminal (using or dealing drugs), neighbors can call the police and should be encouraged to do so.
Board members who witness guests engaged in illegal or dangerous behavior shouldn’t try to intervene (they aren’t policemen) but they should definitely call the police.
Some situations may require a more aggressive response, including, in rare cases, efforts to ban a guest from the community. If a guest consistently harasses a trustee, for example, the board could authorize the association’s attorney to help the trustee obtain a protective order from a judge banning the guest or, more likely, requiring him or her to remain a specified distance from the individual. But the behavior would have to be extreme, involving at least three separate actions creating the fear of imminent physical harm before a court would even consider a protective order. The board could not help an owner who feels threatened by a guest seek a protective order, but it could certainly advise the owner to pursue that action.
If you have any questions relating to this issue, please contact your Pamela Jonah directly or reach our MEEB attorney at law@meeb.com.