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Too many renters in condo unit. What can association do?

Posted on Tue, Dec 01, 2009 @ 05:29 AM

The residents in our condo building are in an uproar over an owner that rented her 1000 sq. ft condo unit to 3 adults plus two infants in a 2 bedroom. How can we legally set the occupancy limits in our condo? Our attorney states that as long as they are related by blood, there can be 10 people dwelling in a unit. I think this is absurd. Most of our condo is comprised of 1-2 people max. Each unit is alotted 1.5 parking spots. Already the renters have 3 cars in the lot after being told no more than 2 cars.

The owners of our condo do not feel it is fair that we are bearing the brunt of their water usage i.e., showers, etc. and laundry. What can we legally do about it. Prior to this they had 5 adults and a 2 year old. Our condo rules used to state: 2 adults per bedroom and somehow that was eliminated. HELP!!



Funny you should mention this. I was working with an association here in WA State last night that has 50% rentals. 
Many associations here in WA State changed their covenants to allow no more than 20% rentals. Mostly due to lending practices and those requirements for new purchasers to get a loan. However, in our state renters in condo associations have the same rights and responsibilities as homeowners. Here's my coaching/consultant answer - your attorney most likely has given good advice. Continue to explore ways to look at and change your rental occupancy if your association desires. Continue to enforce your covenants/rules and regulations with the owner and the tenants of this unit as you do all owners. Most likely, the owner won't like the hassle (ie fines) and the tenants won't either. Perhaps they'll move on to greener pastures.

posted @ Tuesday, December 01, 2009 10:35 AM by Sherry Valentine

I've come across this before. In most places, you can call the health department or your local housing authority. Believe it or not, in most places there is a law that says each individual inside the unit has to have "x" amount of square feet. In some places its 200 sq ft to as high as 400 sq ft, not counting kids. There is usually a limit to the number of adults that can occupy one room. If everyone in the association complains to the health department/housing agency or whoever handles this in your jurisdiction, then you should be able to get some results. Be advised, it'll take a while because these are pretty low priority for the agency. 
Another thought, check your governing documents with a fine tooth comb...yourself not the attorney. You should find something in there that says if the owner rents the unit, he/she agrees to obey the law, tenant laws, and zoning. You should find a stupid technicality there that will justify fining the owner. Then, issue fines every few weeks for violation of the zoning laws, tenent laws, etc. Yes, it'll take a little digging, but it should be highly effective in getting the landlord's attention. 
For the cars, sticker them and tow them. 
Then, change the bylaws and put in a rental cap. Also, require HOA approval for the tenants prior to leasing. We did that and we said no to some real gems. Glad we did too. 
Darron Hay 
HOA Receivables Management

posted @ Tuesday, December 01, 2009 10:50 PM by Darron Hay

Are Associations allowed to make rules limiting the number of people living in an owner occupied unit in NJ? We live next to a one bedroom unit where 4 people are living (2 adults, one two year old, and one infant). The HOA's rules for tenants are 2 people per unit but they do not enforce any limit on owners. When owners overcrowd their units, more water and services are used than are budgeted for and our dues continue to skyrocket to cover the costs of the extra tenants in these overcrowded units. I would sell my unit but due to the poor housing market, I would lose a lot of money, so I would like to see if there is anything I or the Association can legally do to limit the number of owners in each one bedroom unit. Thank you for any information you can give me.

posted @ Monday, March 28, 2011 10:19 PM by Kelly Murphy

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