I don't know how it is in other states or associations, but in my association, none of the rent paid by a renter goes to the association; it is all paid directly to the owner, who pockets it. In one specific case currently that we are dealing with, an owner has "skipped" on his house, pays no dues to the association, and is using the rent to make his house payment. As a result, the association gets nothing to maintain the clubhouse, the commons areas, etc, and the owner also gets the rent. This may explain why HOA's put rules in to prevent unfair abuse.
Even though the renter's rent goes to the owner and it is the owner who pays the association fees, those fees are presumably the same for rented units and owner-occupied units. Therefore, renters should have the same rights to the use of the pool, including the rights to have guests, as the owners do. (This assumes that the association fee payments are up-to-date.)
If the guests of other renters have vandalized the area, that should be dealt with separately. All renters shouldn't be punished for the transgressions of one or two.
If thew restriction on your guests use of the community swimming pool has not been approved ny a majority vote of the unit ownrtd, ther Board cannot impose this restriction on their own.The Florioda Condominium Act is specific on this issue.
We have several renters in our complex and the owner has to sign an addendum stating they have reviewed the bylaws with the tenant as well as get board approval of the unit being rented. With that said if the bylaws don't prohibit number of guests and all other protocol is adhered to with regards to the rental of the unit and any applicable addendum the tenant is treated just like an owner resident (except no voting rites).
The board has the right and obligation to set rules for the use of facilities so as to protect them from damage which would cost all owners to repair or replace.
If you don't like the rules, find a place that is more accommodating to your needs.
Are you asking if this rule is Legal or if makes any sense? If it's spelled out in your governing docs - it's legal. In my opinion it's crazy and not logical, but that's what your association had voted for.
In any case your issue is with the landlord, not with the board. Since you don't own there and don't have a voting right your board can rightfully tell you that they are only willing to deal with / talk to the owner.
Jim & Zhenya are correct - additionally the owner has a right to have guests - your ability to have guests may be thru your landlord.
I live in Clrwtr,Fl and we've had unsold units now being rented. I learned that a renter has the same rights as an 'owner' to the amenities. They have to follow the rules as presented when using these amenities.
I feel this is a personal attack by the Pres. of the Association. I would tell the owner and demand this be cleared. Or look for help by writing the States Condominium govn't office.
This is another reason I hate having to live in a condo. As we grow older and can't take care of the necssities of a home, condo's are a solution to a nursing home.
Good Luck...Mine Assoc. doesn't like me.
Thanks for the advice everyone. Until I found this site, I wasn't too knowledgeable on the subject of condos/associations. When we signed our lease we never reviewed the existing condo docs, but I'll be sure to ask my landlord for the opportunity to review them.
I think this "rule" is a recent one that the president and a few of the board just sort of came up with, it's typed in a directory that was recently passed around but I don't think it was an existing rule in the condo docs.
My parents used to live in this complex in a condo provided by my father's company while they found a place to live, so they were technically renters but were allowed guests at the pool. I'm also aware that the previous occupants of my condo were the owner's sons, and they brought guests as well. I don't want to start an uproar with the owners, I understand they want to protect their community, but I sort of feel discriminated against just because I'm a renter.
CHECK YOUR CODO DOC.
I AM IN FLORIDA AND RENTER HAVE RIGHTS TO ALL COMM. ARES AND THERE GUESTS. OWNER TURNES OVER THER RIGHTS TO RENTER ON THER LEASE.
YES THEY HAVE THE SAME RIGHTS AS OWNERS!
First of all, you should be handling this issue with the owner of your unit only. The board has no legal relationship to renters and would put themselves on legal thin ice if they by-pass the homeowner. Review your lease contract with the homeowner to make sure they are the ones that don't want your guests using the pool. If there is no such verbiage then, if I were you, I would take the issue up with a civil authority. If this unit's dues are fully paid by the homeowner then those rights the dues cover should pass to you except for voting rights. I am not a lawyer but that is how our board views the subject. I would think that state laws would be on your side. By the way, the age of the average homeowner and whether they use the pool or not has nothing to do with your question. Good luck.
I am a licensed condominium manager in Florida.
The rights to use the common elements / limited common elements and the unit itself pass to the renter when leased.
While the board can say whatever they want, they would be unable to enforce the rule that a renter cannot have guests. They would have to ban everyone from having guests. They can however, require ALL RESIDENTS be present with their guests upon the common elements at all times. If your landlord hasn't paid their dues, they can revoke your right to use certain common elements such as a pool or gym, however, there are requirements such as 14 day written notice to the owner and Board meeting with proper notice.
Very often what has happened throughout the years is the Rules & Regulations are changed by the Board of Directors to reflect THEIR preferences rather than what is really in the Associations Declaration AND/OR Bylaws.... You would need to get ahold of and read those documents to see what they say. If they differ from the Rules in the Rules and Regulations documents you can take the issue up with HUD and the Fair Housing Act. Contact them and complain and they will defend your rights from discrimination of this sort....
This is because renters are free riders, they are using property they dont pay for. If you don't like it, go buy your own property! Stop complaining while using prpperty owned by someone else.
I have been living in a condo complex for 24 years. I was told years ago that renters ARE NOT ALLOWED to use the pool. The only one reason for that is if there is an accident. If the renter hurt themself somehow, they could sue the association for damages. Ultimately, the co-owners would be paying for the settlement as our assoc. fees would increase. Which is not fair
The insurance co. that the Board deals with could, at a later date, see the complex as a liability and refuse to carry us as a customer.
It really is a domino effect.