Landlord Question and Answer Forum

From: herb.doris@yahoo.com (Herbert Fix) Phone: 386-304-2389 Message: The condo association where we own two short term rental units with a 2-week minimun Lease requirement, is circulating a new by-law requirement that ALL LEASES must to be approved, or disapproved by the condo association before a tenant may take occupancy. I say that is not legal, as they are by default assuming the role of a total MANAGEMENT control. I need a legal opinion on such a drastic change. Or could I get any legal opinion on this?, Common sense tells me this sort of action is not legal. The association can set rules and bylaws, but after 7 years the board is trying to change the By-laws to read, the Association has to review and approve all leases before the tenant's occupancy. In other words, they are trying to take away from the owner, the right to approve leases. The condo association requirement to approve or disapprove all leases is an infringement of the owners right to full enjoyment. Such a drastic change by default gives them total management control of privately owned condos. Secondly, to me this means the association would have to be available 24/7 and at this time are only present, four days a week from 9:00AM to 3:30PM. They have no idea of the workload they would impose on their staff. Two buildings, 18 stories tall with four (4) condos on 16 of the floors. One hundred and twenty eight units (128). I only own two and can not believe the number of hours it takes to keep the two unit straight, advertised, and occupied, and without double booking. I have to tracking multiple rent payments, security deposits payments and refunds, and cleaning fees. Plus keeping the VRBO and HomeAway records accurate. Please, can they, or do they have the authority to make such a drastic change in the by-laws. Herb Fix,

I have dealt with a similar term before with an old unit I used to have, but have sold off. In the condo agreement there is a clause that stated this in signing the the contract of sale. These are situations that you need to read all of the small type and if it is stated and you agree to it it is a legal term of contract. If they changed this after you purchased you need to consult an attorney as they may be in the wrong. Good Luck! Also they are not assuming full management but are requiring that your lease holds up to the condo associations terms. If they are not charging you they are they are not the over all management. If they are trying to change it also as an owner you can fight they changing as you do pay into it. And if not draw up a sale or purchase option.

Posted by Richard W, PA on Sunday, May 17, 2015