Can a condo association force me to force my tenant to get renter’s insurance, even though it’s not a requirement under state law?

I own a condo in a building with 65 units. I have informed my tenant that I would like him to purchase renter’s insurance. My condo association is saying that I have to require that he obtain a policy — but there is nothing to that effect in the building’s bylaws. I am maintaining a homeowner’s insurance policy on the unit. 

Asked on August 24, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Read the recorded "covenants, conditions and restrictions" upon your unit in that its terms and conditions would most likely set forth your obligations concerning requiring the placement of renter's insurance for any tenant renting a unit in the planned unit developement.

If there is no mention of such requirement it would seem that the homeowner's association cannot force the issue. Most importantly, "renter's insurance" is insurance obtained by the renter. If your lease with the renter does not require such placement of insurance, you cannot now require your tenant to obtain it unless the lease is now monthly and only as a condition for continuing the lease.

From what you have written, I do not see how your homeowner's association can force you to compel your tenant to obtain "renter's insurance."

Good question.


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