If a delinquent owner has leased his unit, can the board suspend the renter from using the common area facilities?
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.
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter