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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption