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.
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