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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33072
Experience:  12+ yrs. of experience including real estate law.
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Can condo associations charge owners that rent an extra fee

Customer Question

can condo associations charge owners that rent an extra fee more than owner occupied units
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

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This is possible IF, and this is the key, IF the bylaws to the association allow this.

What you are describing is not prohibited by federal or state law...that is, it is permissible for an association to have a rule that requires members who are renting the property pay more, so long as there is a reasonable basis for the rule.

So this begs the question, does your association have such a rule as part of its bylaws? And, if so, was the rule property enacted? The bylaws serve as a map to determine what the board of directors can and can not do. For example, if the board wanted to enact such a rule, they would have to comply with the requirements established in the bylaws. Many bylaws require, for example, a supermajority (majority greater than 50%) to pass such a rule.

SO, assuming the board of directors met the obligations of enacting such a rule? It could be enforced.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.