Is a tenant affected by a ban imposed on an owner by an HOA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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.