Adams Stirling PLC


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.

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Adams Stirling PLC