"units may be leased only in their entirety"

Hi All. Quick questions which probably have been answered on previous posts. The "units may be leased only in their entirety. No fraction or portion may be leased" clause is in our CC&Rs and is common language in many places. Am I correct in assuming that this means an owner cannot stay in his unit, while leasing the unit? In other words, it’s either owner occupied, or there is a single lease for the entire unit? It’s confusing to me. I assume the intent is to keep units from becoming frat houses, keep number of cars, noise, etc under control. Yet, under a single lease, a unit could have a significant number of occupants (depending on the state, county or other rules, and HOA rules if any). For example (and reason for my post)- a new owner currently has 4 people living in his 3 BR unit (owner lives elsewhere). He originally submitted a lease w one name, and then after numerous complaints and violations (noise, parking, damage to lawn,etc) he added the other 3 names to the lease (40+ days after 10 day rule). While the number of occupants is not a violation of a rule/law, it seems a simple way of circumventing the intent of the clause. Multiple cars, 3 unrelated groups on a single lease. In a sense, each of the 3 bedrooms makes up a fraction of the unit, although not really different from any family. Thanks for the help in clarifying or commenting on this situation. I’m only posting it because it’s a quiet condominium complex of mostly older retirees, and this is the only unit out of 80+ with multiple unrelated people on a lease as far as I know. The violations are being addressed, we’re just curious about the apparent workaround that seems to allow the frat house occupancy. Thanks much.

Yes. It also means that the owner can't move out and lease portions of the unit (eg. one bedroom, one bath, plus use of the living room/dining room/kitchen). Arrangements like these are often seen in short-term "rentals" such as airbnb listings.

Also check to see if your CC&Rs limit short-term "rentals", corporate/hotel-style housing, or group homes. The situation you describe may involve multiple violations.

In addition to your CC&Rs, these arrangements may also violate local zoning laws. The zoning laws in my area limit the number of unrelated adults living in a property, and also limit the number of adults per bedroom (applies also to apartments).

Thanks. It’s long term rental, and the number of occupants is legal. I’m just having a hard time comprehending how there is this standard language including “entirety” and “fraction” , when the biggest risk to neighbor’s quiet enjoyment is a long term single lease with up to 5 occupants names on the lessen. Thankfully we’re talking about a single unit in over a decade here, but still an existing loophole that allows the frat style environment many of us want to avoid (not to mention extra cars, the constant coming and going all hours, etc). I wonder if some Association’s have passed valid amendments to restrict non-related occupancy somehow. Some states have different caps for relatives vs non- relatives, but high numbers for most condos to me.

Thanks. In 20 years I’ve never seen any screening of renters. I think they leave it up to the homeowner. The problem is the smallest units are 3 bedrooms, and any rule/law would allow 2/bedroom. The local rule allows a maximum of 5 unrelated for a unit, which is way too many if: 5 cars, party animals, noisy, rude, working all hours and waking up Earlybirds. The “fraction or partial” phrase seems fairly worthless, as anyone with access to a bedroom has use of the entire unit. I would love to see a CC&R change for future potential issues. A “ reasonable” amendment is allowed in the leasing section of document, not sure a more restrictive rule than the county 5 occupant rule would be considered reasonable.

Not in Texas, Nc and I'm guessing many other states.

https://www.texasrealestate.com/members/posts/new-hoa-laws-go-into-effect-today/#:~:text=New%20laws%20improve%20some%20conflicts%20of%20interest%20within,solicit%20bids%20for%20contracts%20for%20services%20over%20%2450%2C000.

Thanks for replies. So far many fines and whole project is getting more security cameras. The administration of rules is one thing being done. There will always be a few issues a week that make their neighbors life miserable, some of which are below the fine threshold. Trying to figure out how to never have this happen again, looking at the leasing clauses and any potential change or interpretation. Right now the only defense is the high cost of 3 BR rentals, usually beyond what young rabble rousers can afford, and why it hasn’t been a problem until now.

Yes, funny you ask that, amenity/pool/clubhouse withhold was just brought up yesterday as possible step in the near future. It’s definitely allowed. The Board is following the algorithm in the rules/CC&Rs. I can’t find anything with screening renters. I have a feeling the type of owner who allows these multiple unrelated rentals would make sure they’re on best behavior, or lawyer up, if we ever started suddenly doing it. Unfortunately the owner is friends with the renters, and is paying their fines, and seems to hardly care. Grim.

Wow. Excellent. Your approach should be copy and pasted into the CC&RS of every condo across America. Kudos. We have defined fines and process, slow progression compared to your gold standard approach. Thanks.

What Melissa said is what we did as a Board. We began by communicating with the owner of the unit and then with no results of improvement, we began to fine the owner.

Why? Tenants are NOT HOA members. The rules are for Members. Tenants are not held to uphold the rules if not in the lease agreement. The HOA is not a party on the lease agreements.

It is like someone crashes your car but you have to pay for the repairs. It is your car. The insurance agreed to only you driving it.

The tenant can be directly fined by the assocition, and the governing docs are already part of the lease by law.

Florida law 718.303 Obligations of owners and occupants; remedies.—
(1) Each unit owner, tenant and other invitee, and association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which are expressly incorporated into any lease of a unit.

718.303 (3) The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association ...
(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any tenant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee...

For simplicity, I did not copy all of the law. By itself, the above snippet might not allow the tenant to be fined, but it continues,

... of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.

So.... does the right to fine tenants apply to 720 too? Please remind me of the difference between 720 & 718. I.e., why does Gerry think that his HOA cannot? In addition, Gerry, your board can vote to make a rule to double fines in certain conditions.

Btw, our restated CC&Rs give our assn. the right--after hearing, etc.,-- to evict tenants if despite repeated attempts and hearings with the Board, the owners are unable to discipline them.

So, let's see if Melissa admits that not all HOAs in all states are unable to discipline tenants. Interesting to read your FL citations.

Hi. Our CC&R say tenants or owners can be fined. I’m not sure how the first fine went, we’re up to 5 and owner is getting them. Problem to me is the owner is very close to the renters, has deep pockets and doesn’t mind paying the fines, apologizing, then rinse repeat. We have a fine schedule starting with 100, eventually 1000, with appeal/hearing process. While eviction, removal of pool privileges, etc are on the table, everything takes so long, and lawyers get involved. My bigger question still is how to avoid this with other units in the future? The rental rules allowing all these unrelated renters on 1 lease are recipe for disaster with close proximity units, very limited parking, and the small but significant number of people who have no regard for their neighbors or rules.

Agree with Melissa on this. States differ, and Florida does seem to give associations the right to interact directly with tenants, including vetting the tenants and imposing fines on them for violations of the CC&Rs.

In other states, doing so would put the association at risk of being sued for something called "tortious interference with a contract", which allows a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships. Our association's attorney made it very clear that the association has a legal relationship with the unit owner but not with the tenant, and that all association business needed to be directed to the unit owner.

As far as I know, Florida is in a very small minority of states on this.

I'm certainly not a lawyer. But it appears that FS 720 says you CAN fine a tenant, although I believe that the owner would be responsible if the tenant doesn't pay because ultimately the HOA can put a lien on the property. I don't know if there's any case law about this.

One article by an attorney said that theh HOA fines the owner, not the tenant.

Realistically, an HOA can fine the owner, remove access to the amenities, and eventually evict the tenant.

I know we had damage to one of our clubhouses by a tenant. We captured it on camera and were able to track down the owner of the unit. We sent him the bill and he had to pay it.