Is a tenant affected by a ban imposed on an owner by an HOA?

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Is a tenant affected by a ban imposed on an owner by an HOA?

I am an owner of a condominium and I have seasonal renters scheduled for January – March. There was recently an incident with a guest of mine while I was staying at the condo involving some noise and the pool area after quiet hours. The association has since fined me $100 and banned use of the common areas for 6 months. Do they have a right to do this? Does the ban apply to my seasonal renter if they do? (I am current on all association dues.)

Asked on November 23, 2010 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Two different issues:

1) Can  they do this? That depends entirely the HOA agreement and any other rules incorporated into it. The HOA has the power to levy any fines or impose any other punishments which are allowed under the agreement(s) and rules; they can do so in accordance with any procedures laid out for this sort of punishment or action (for example, if you had to provided notice and a chance to defend yourself before the HOA board, you would have to be given that opportunity).  So you need to reference the HOA agreement, community rules incorporated or referenced thereunder, etc. to see what they can do.

2) You may only give your renters those rights which you yourself have. So if the association does have the authority to ban you from common  areas for 6 months, that ban will apply to renters, since if you can't use the areas, you can't bestow on your renters the right to do so.


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