Policy forbids renting condo until all fees are paid
We now have a policy in effect forbidding an owner from renting their condominium unit until the arrears are paid in full. If a delinquent owner sneaks in a renter, how can they be denied occupancy? Can we deny the renter access to the pool area and other amenities? Can we turn off the electricity and water during eviction action?
A: It is good to have a policy. However, the board should have a way to enforce the policy.
Condominiums cannot take away rights to use common areas. No, do not turn off electricity or water or any other service. You have the power to lien and foreclose to collect delinquent fees, but trying to restrict rentals is not the way to force collections. To create a rule, there should be a specific need and a way to enforce the rule. Define the problem and ascertain if a new rule is necessary. Determine if the new rule will conflict with an existing rule or other provisions of the association’s documents. Ask if the rule will be reasonable and not arbitrary or capricious and if the rule will be enforceable and what powers will be required to enforce the rule. Get the members involved in creating the rule by allowing input and communications. Once you have a draft of the rule, present it to the association attorney for his/her review.