Category Archives: Renting

This Condo Has it All! Renters, Roaches, Broken Trash Chutes…

S.M. from Miami writes:

Dear Mister Condo,

I live in a condo in Miami and we have the most incompetent Board. The building is self-managed and we currently are under a lot of problems, like roach infestation, water leaks, building trash chute compartment broken and trash coming out of the compartment. The building runs more like an AirBnB. The rental ratio is at 61% and we have no support since there’s so many investors. Please advise, I have approached the Florida Department but they don’t intervene in situations like this.

Mister Condo replies:

S.M., it sounds like your association has really gotten away from what unit owners like you were expecting. Whether the Board is incompetent or not, without rental caps (the percentage of units allowed to be rented at any given time), I am not surprised to hear of so many rental units being used in AirBnB fashion. First things first. The Association is governed by volunteer leaders elected by the membership. If these leaders aren’t making sure that the problems are being addressed (water leaks, roaches, broken trash chutes) then it is time to elect new leaders. You may be able to bring suit against the association for not maintaining itself but that can be costly and still not yield any real results. If it were me, I would consider running for the Board myself on a platform of restoring the association to good working order. If that seems unreasonable, I would consider selling. It seems there is no shortage of investors looking to purchase into this association. I would look carefully at the next association I purchased into. Hopefully, the percentage of investment units would be far lower and the Board would do a better job of maintaining the common elements. Good luck!

Can the HOA Restrict the Number of Rental Units?

S.P. from New Haven County writes:

Dear Mister Condo,

Can the HOA restrict the number of rental units in a complex?

Mister Condo replies:

S.P., yes! Although they cannot do so randomly or without following the rules for making rules that would limit the number of rentals. Rental caps are quite common in condominium association or lots of reasons. What do your governing document say? Often, there is a limitation right there. If not, what is the limit? Many associations find they cannot get FHA financing for their unit owners if more than a certain percentage of units are rented, hence, the rental cap. What they can’t do is change the rental cap while you are currently renting your unit, forcing you to evict your tenant. However, they could prevent you from renting the unit again until the percentage requirements are met. In that case, they start a rental list that allows you to rent when the availability for rentals will not exceed the rental cap. If you have further questions, you should consult with a local real estate attorney who can offer you proper legal advice on the matter. Good luck!

Condo Revokes Renters Pet Ownership Privileges

K.L. from outside of Connecticut writes:

Dear Mister Condo,

I rented a unit in a condo building with a lease that allows me to have a dog (under a certain weight limit). I waited months to adopt a dog and a week before the dog arrived the condo association posted a notice in the Common Area announcing that only OWNERS were allowed to have pets. I promptly talked to my landlord about this and he said he would talk to the Condo Association. Fast forward several weeks and I now have the dog. The landlord informed me days ago that the “condo association” won’t allow him to bring the matter to the Board. I’m frustrated and confused and ready to break my lease. What recourse do I have?

Mister Condo replies:

K.L., I am sorry you find yourself in this unfortunate situation. The association has the right to regulate who can and cannot have pets on the property. Of course, they need to follow the rules for passing the rules but let’s assume that they did everything right and the rule now stands. Your beef is with your landlord who contractually allowed you to have a pet as a provision of the lease. He can no longer fulfill that provision of the lease which may give you a valid reason for you to break your lease, provided that is what you want to do. Hopefully, your landlord will not challenge your breaking of the lease based on this provision but you may need to speak to an attorney to protect yourself from a suit from your landlord for breaking the lease. Your landlord may be in a position to sue the association or ask for a grandfathering of the pet clause but this will cost him more time and trouble than simply replacing you with another tenant. It is an unfortunate situation to say the least. I wish you and your landlord a happy parting of the ways and a fast turnaround in you finding a new apartment and him finding a new tenant. Good luck!

Movers Damage Condo Elevator; Tenant Being Held Responsible!

H.R. from Fairfield county writes:

Dear Mister Condo,

Hi! I rent a condo in a 3-floor building. I bought furniture and the delivery guys used the elevator and damaged a little bit inside of elevator. The manager made me go after them to pay to fix it, then they paid like $5000 but when somebody came to fix to change the panel on the wall said the panel are part of the whole wall and need change wall recalibrate elevator and the manager call me again asked me $13000 more to fix it or go after them again. All this start happened before my landlord lost the house with the bank so the manager sent him statements of elevator fees before now and somebody told me if he lost the house that problem is of the bank, the bank takes the condo with all debts? But now the board put that amount under my name. I am the tenant. And I told the condo manager that the rules said the landlord is responsible for any damage of the tenants and visitors of the tenants and she told me that rules change because of state but this happened a year ago when she recognized her condo rules. Help me please if she can make pay even the house is bank owner now is in process of foreclosure.

Mister Condo replies:

H.R., I am sorry for your problems and I am sorry I couldn’t get to your question sooner than now. I expect this problem to be resolved by now but, needless to say, since I am not an attorney, I offer no legal advice or remedies in this column. The association is going to go offer you, your landlord, the moving company, even the new bank holding the mortgage in an attempt to collect the money needed to repair the damaged elevator. It is hard to imagine a moving company doing so much damage to an elevator but that is a matter for the courts once the lawsuits get under way. Your question to me is whether or not you can be found responsible. My answer is that you caused the situation that lead to the damage and that may be enough to hold your partially responsible. My advice would be for you to hire an attorney if you are named in a lawsuit so that you can best protect your legal interests. The party with the most responsibility is the moving company, who it looks like has already paid $5000 ($5000!) for the damage they were initially accused of causing. They may be on the hook for the rest of the cost as well but that doesn’t mean you won’t be named if a lawsuit ensues if they refuse to pay. All the best!

Noisy Condo Neighbors Refuse to Be Quiet 

P.C. from Maryland writes:

Dear Mister Condo,

I am a renter who receives a government subsidy. The neighbor above me owns her condo. She is loud. Stomps over my head drop objects constantly. Every night until 1:00 am. I sent an email to manager of association, who contacted the owner of my unit. I complained to housing i really want to break my lease. The owner refuses. The association manager says she’s going to,send a letter. I have a police report. I have to go to court to process my complaint to have a noise ordinance enforced. I have a disability. Should i call legal aid? Get a case going? This association i heard is not good. They have issues keeping up the property. I cant wait to leave next year. It wont come fast enough!

Mister Condo replies:

P.C., I am sorry for your troubles. It sounds to me as though you are doing just about all you can do. If your upstairs neighbor is an inconsiderate person and refuses to obey the association’s rules on noise, your next steps are legal, which it sounds like you are taking. Understand that the association can only enforce its own rules. If you have made a complaint of a rules violation, the next step is for the Board to review the complaint and take whatever action they can against the violator as outlined in the association’s governance documents. This is typically a warning letter, followed by a fine or fines for multiple violations. That is really all they can do. If laws are being broken, i.e. noise ordinances, then you can follow through with legal action, which you are doing. While your disability may impede the ease of making such a complaint, you are free to hire an attorney to represent you if need be. If Legal Aid will handle that for you, by all means, have them do so. Ultimately, I think your plan of leaving the association is a good one. Hopefully, your new home will come with better neighbors. All the best! 

Florida Rental Condo Sold with Previous Owner Keeping Future Rental Deposits

S.C. from Florida writes:

Dear Mister Condo,

We recently bought a condo in Florida. The previous owner has booked rentals through to next year. Is he entitled to keep those deposits even though he does not currently own the condo?

Mister Condo replies:

S.C., it depends on how you negotiated the sale and purchase of the condo. Are you physically living there or is it a rental property for you as well? Are the future leases in your possession or the previous owner? I can’t imagine any situation where an attorney handling this transaction would have let such a potential problem go unanswered during the closing process. If you handled this transaction without the advice of an attorney, you will very likely need one now as the folks expecting the rental property to be available for them will most certainly expect that their deposits will be used towards payment of their rent for the property. My advice is to review the purchase and sale agreement and see what it says about these previous deposits. If it looks unfavorable to you, you should get in touch with a qualified attorney who can best advise you what your next steps should be. Good luck!

Can the Board Enforce a Weight Rule Against Tenant With an ESA?

A.G. from outside of Connecticut writes:

Dear Mister Condo,

I am on the HOA Board of our 11 unit complex. One unit is being rented out to a tenant with a pit bull. The HOA knew the tenant had a dog but only recently started receiving complaints about the dog. It has jumped on other residents, barks all day, and has tried jumping on other resident’s dogs. The HOA also was informed the dog is over our weight restrictions. When served with a violation notice the tenant gave a letter stating they are allowed one ESA. Can the HOA continue to pursue action against the dog being over weight limits? And can the HOA do anything about the dog being a nuisance? The owner of the unit is siding with the tenant and wants them to keep the dog. But now other residents, including the neighboring unit, are afraid of being attacked by the pit bull. I don’t think the ESA is exempt from all HOA rules but it seems the tenant is hiding behind that ESA letter.

Mister Condo replies:

A.G., the winds of change are blowing on Emotional Support Animals and your tenant may be on the losing side of the latest court rulings. Also, the HOA may be able to enforce rules about breed or weight restrictions based on your local laws. However, this is not a “do it yourself” project. Violating the rights of any unit owner or tenant with a legitimately documented ESA is a potential lawsuit waiting to happen. You are very well advised to seek the advice and guidance of a locally qualified attorney who is verse in this area of law. Otherwise, your small association could find itself on the receiving end of a lawsuit. Based on what you have shared with me so far, it sounds like both the tenant and unit owner are ready to do battle so tread lightly and get the legal advice you need before you take any action. Good luck!

Condo Owner Acting as Unofficial Landlord

C.P. from outside of Connecticut writes:

Dear Mister Condo,

One of the condo owners in our complex does not reside in her unit. Instead, she lets “various friends??” use her condo for periods of time ranging from a few weeks to several months. There have been several residents in her unit and lots of problems, ie: drug overdoses, excessive drinking, police in and out. She claims these people are guests and therefore does not have to abide by the condo rules or town rules regarding rentals. Therefore, she avoids having her place inspected by the local Board of Health and paying the fee involved. No leases exist and the people staying at her place are supposedly “guests” and paying nothing. Everyone in the association knows the whole setup is bogus and we would like to put an end to it. Any suggestions.

Mister Condo replies:

C.P., there are solutions to every condo problem, in my opinion. In your case, it is a job for an attorney. If your current governance documents do not have enough definition of who can live in a unit with or without a lease, it is time to stiffen the rules and the penalties for violating those rules. Any competent community association attorney in your area should be able to help. Once these rules are in place, residents without a lease will no longer be allowed. Keep in mind that these new regulations will have to be observed by ALL unit owners and residents. You may limit guests to no more than a day or a week of residency, for instance. That might affect unit owners who have family come visit for extended periods of time. Understand that once these rules are enacted, all unit owners will be affected. That is why I recommend you work with an attorney to draft the right regulations, properly vote them into the by-laws, and then enforce them evenly. I am confident that you can get this one unit owner to start playing fair and get your vagrancy problem under control. Good luck!

Condo Board Lax in Enforcing Leasing Covenants

S.A. from outside of Connecticut writes:

Dear Mister Condo,

There are 17 out of 80 condos that are rented or have rooms rented out with no permission or application submitted by any of these owners or tenants. I have a list supplied by the former maintenance man. I got this when he still worked there. They have refused by request to rent mine out. I am recently widowed and am hoping I can arbitrate based on selective enforcement rules. Also, there seems to not be a census though president claims to mail it in. Do I have a good chance to win?

Mister Condo replies:

S.A., typically, condo governance documents require landlords to disclose who their tenants are and to provide a copy of the lease to the Board or Property Management Company, acting as the Board’s agent. Like any governance provision, it is only as effective as it is enforced. From what you are telling me, your current Board is uninterested in enforcing the regulation. Therefore, chaos rules and it puts unit owners such as yourself in a precarious situation with regards to leasing their own unit. When your case comes to arbitration, it will force the issue with the Board as to why there are so many undocumented rentals in the community and why are they choosing to enforce the regulation only against you. This could put them in a potential discrimination lawsuit position and they may be eager to see it your way and allow your lease. However, when it comes to Boards, attorneys, and arbitration, it is difficult to predict which way the wind will blow on any given day. I would encourage you to seek the arbitration and I wish you the best of luck. I do think that if what you have told me is true, you have a very good chance of prevailing.

Family Not Welcome in Older Condo Community

D.S. from outside of Connecticut writes:

Dear Mister Condo,

My husband, me, & our preschool child live in a privately-owned condo rental. A senior neighbor advised me that there are no kid bicycles allowed here as well as toys & they will be disposed of. Next, the condo manager came by and accused us of not supervising our child and that he was in the street, also parking lot. Allegations not true. Then another Senior resident came knocking with the condo rules. I read them and gave them back. I received a copy of my own rules and did note it stated there are to be no bouncing balls or bicycles in the common areas. My son and I have been yelled and screamed at by neighbors for absolutely no reason at times so it’s obvious they have a problem with us but we are pretty good people who keep to ourselves. I was told by a senior resident that all the neighbors here do not like us living here. He stated it was because of our little boy. Our car broke down on a Saturday and we went to take the bus, I noticed that I was being followed part way to the bus stop by one of the neighbors. I also noticed that she was on the phone. I told my husband I’m sure she was calling the association and letting them know that our car was broke down. I can’t prove that but we did within about 48 hours receive a notice that we were going to have our car towed within 24 hours because it was not running. There are several other cars in our area that are out of compliance with their rules, they have not received any notification to move their cars and they are also good friends with management. Is it legal for them to tow our car only and not tow other cars that are not following the same rules? We were told to just move if we didn’t like the rules, this was by the manager. We never said this and my husband has responded to them via letter. They have now been threatening to tow the car for 2 weeks at least. But they still have not. We are in process if attempting to sell it as per our mechanics advise. Any help would be appreciated.

Mister Condo replies:

D.S., it certainly sounds as though you and your family are not being welcomed in this particular community. Is this an age-restricted community, meaning it was designed for older residents (aged 55+)? If so, I can see where the presence of a child and a young family is not welcome here. Regardless of the reason, you are on the enforcement side of rules violations and I am guessing that will continue unless you are able to fully comply with the association’s rules. That can be quite the challenge with a young child and a broken-down vehicle. As for the enforcement of the rules, that is the association’s duty. Rules are typically enforced at the request of a fellow unit owner who complains about the violation or by the Board or Manager if so empowered. If you observe other violations, you would likely notify your landlord who would inform the association. The association could then take action against the rule violators if they so choose. It is possible that may have a discrimination complaint against the association but I cannot offer legal advice in this column. If you feel you have a case for discrimination, you should contact a local attorney who could better advise you of your options. If I were in your position, I would speak to my landlord and let him know how you are being treated. I certainly wouldn’t renew my lease and I would consider moving out as soon as possible. There is no reason for you to not enjoy your rental home and I am sure you can find a more family-friendly community. All the best!