I own a Condo in a building, but currently renting it out to tenants. Can I still use the common area (pool) of the building since I’m still an owner?

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I own a Condo in a building, but currently renting it out to tenants. Can I still use the common area (pool) of the building since I’m still an owner?

I pay my monthly condo fees directly and i have lived in this condo for 3 years and always used the pool, but now I moved out but decided to keep the condo and rent it out for now. I live 3 block away and on weekend I go use the pool of the building of the condo that I own. I receive a letter from the board saying that I do not live in at the property and therefore cannot use the common area facilities. Are they right or wrong? Can i still use the pool?

Asked on June 17, 2009 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Depends on your condo association rules--this is an area where condo's can set pretty much any not otherwise illegal rules they want. You  should ask the board to see a copy of the rules (if you don't already have one): if they say the common area and pools may be used by "owners," your good, if by "tenants" or "residents" probably not, since you are not currently a tenant or resident. If there are no written rules, then probably, as the owner, you could, though you need to decide whether it's worth getting into a fight with your condo board to push the matter.


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