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Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27011
Experience:  real estate law
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Can a condo complex that is a condotel (onsite rental managment)

Customer Question

Can a condo complex that is a condotel (onsite rental managment) remove an owner from their unit if they don't check in with the onsite office staff?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Samuel-II replied 1 year ago.
Hello​This is Samuel. What state are you referring to, please?
Customer: replied 1 year ago.
Texas. A 40 unit condo (condotel) building on the beach that has on-site rental management for owner who wish to participate in the rental program. Not all owners participate.
Expert:  Samuel-II replied 1 year ago.
Thank youLet me review some Tx statutes and I will get back to you here shortly. Thanks for your patience.
Customer: replied 1 year ago.
Expert:  Samuel-II replied 1 year ago.
Ok. So let me be clear, pleaseThis is a privately owned condo and there is an option within the association that owners may rent their premises - correct?And there is an on site check in for those who are renting?And is there a policy that those renters have to Check in with the onsite staff?
Customer: replied 1 year ago.
Yes. So now they are saying that if owners don't check-in as well, they will be removed from the property or not allowed to use the common areas (stairs, hallways, elevators) to get to their unit.
Expert:  Samuel-II replied 1 year ago.
Ok. Well, I don't know how they can impose such a policy. The owner has a right to be there when they want. The on site manager has no rights to evict an owner.
Expert:  Samuel-II replied 1 year ago.
And if they try to impose such a policy, I suggest you get an injunction having the court order them to stop the policy.

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