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SUSPEND RENTER'S PRIVILEGES

QUESTION: If a delinquent owner has leased his unit, can the board suspend the renter from using the common area facilities?

ANSWER: Yes. Associations can suspend a renter/tenant’s common area privileges if the owner of the unit is delinquent. When owners lease out their units, they transfer their common area privileges to their tenants. (Liebler v. Point Loma.) If the owner's privileges are suspended, the loss flows to the tenant. Before suspending a tenant's privileges, the board needs to hold a noticed hearing with the owner.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC