Owner (Landlord) vs Tenant vs Amenities of Condo Complex

Started by DanielM8 • 5 replies • 4280 views

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DanielM8 (California)
Posts: 1

Posted:

An Owner of a Condo, now becomes a Landlord due to renting Condo to a Tenant.

Can the Landlord still use all the amenities of the Condo complex i.e. Pool, Showers, Clubhouse, gym, etc, or is the Landlord stealing the Tenants rights to these amenities?

The Owner (Landlord) who lives in another city, states he owns the Condo so he, his family and friends are still entitled to use the amenities anytime they want; does this mean the Tenant cannot use the amenities?

What are the legal ramifications if a Owner (Landlord), his family or friends gets injured on the property?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Interesting. My initial blush is the owner never looses rights to the amenities.

Now if the renters are allowed to use such, might depend on what your docs say. As an example. If unaccompanied guests are allowed, then I say that covers renters as they are unaccompanied guests of the owner. If your docs say guests must be accompanied by an owner, then the fun starts.

Before you go off on unaccompanied guests let us consider ones Nanny/Babysitter being able to take the children to the pool. They are not accompanied by an owner.

Many are looking to ban/limit renters. Right or wrong this might be a method to do so. Like yes I can/will rent my unit to you, but the amenities are not included.

As I said, interesting. I await other opinions.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DanielM8 on 09/11/2013 4:21 PM

Can the Landlord still use all the amenities of the Condo complex i.e. Pool, Showers, Clubhouse, gym, etc, or is the Landlord stealing the Tenants rights to these amenities?

This would depend on the language in your governing documents.
Does the usage rights transfer to the renter or extend to the renter?

Quote:

Posted By DanielM8 on 09/11/2013 4:21 PM

The Owner (Landlord) who lives in another city, states he owns the Condo so he, his family and friends are still entitled to use the amenities anytime they want; does this mean the Tenant cannot use the amenities?

Same as the previous question (just asked a different way).
Therefore, my previous answer would be the same.

Quote:

Posted By DanielM8 on 09/11/2013 4:21 PM

What are the legal ramifications if a Owner (Landlord), his family or friends gets injured on the property?

I would suspect the same if ramifications if any other guest of a member were injured.
This is why the Association carries liability insurance.

If you want to truly know the potential legal ramifications, you should contact a local attorney who would have access to your governing documents and knowledge of your States applicable laws.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Welcome to the Forum, Daniel.

As John46 points out, your governing documents very well may state whether the landlord loses access to your recreational amenity upon renting out the unit.

In our case, it's our CC&Rs that state very clearly that if a unit is rented, the owner may not have access to the amenities. Owners' lessees do have access to them, but if they break the rules it's the owner who'll be called to hearing and potentially fined.

In my area of downtown high rises, all have this in their CC&Rs, but read yours.

John46 also notes that docs might say that owners must accompany guests to use, say, the pool. But ours and all others around me state that the resident must accompany guests.

Also check your rules & regulations.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Daniel,

You will likely get snagged in determining the meaning of "delegation of use" in your by-laws. Maybe, in the technical sense, the landlord delegates access to HOA amenities but, if you're a board member, you'll run yourself ragged trying to regulate these situations. Just ensure all users treat the property and the amenities with respect and care - killing access to owner AND tenant for tenant misbehavior (as owners are responsible for the people to whom they delegate their rental home).

MelissaP1 (Alabama)
Posts: 13,836

Posted:

How it's always worked for us is that the owner is a member of the HOA and has every rights of the member. The tenant can also be transferred the rights to use the amenities. However, if the owner has not paid dues or in violation, we deny BOTH tenant and owner access to the amenities. The HOA is to hold the owner's feet to the ground not the tenant. The tenant is a third-party.

I say if the owner/member is in good standing allow them access as well as the tenant. The tenant would act as the owner's guest. However, the owner behind in dues, then both are denied. Simple as that. Just make sure your documents reflect denying amenities or votes due to being behind in dues to apply.

Former HOA President

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