Condo Unit Owner Seeking To Keep Visitor as a Non-Resident

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C.T. from Fairfield County writes:

Dear Mister Condo,

My condo board is insisting my boyfriend who comes over once a month fill out an additional resident application. I don’t want him to be a resident. We have a child together and he comes here to see his son but does not live here. I don’t want him to have any legal claim to be a resident here. Our rules are very vague on this. It says anyone who visits more than 14 times. The old board had no problem since I have been dating him for 4 years. This new board who took over a year ago has been the problem. There is a woman from my unit who lives above me who has only lived here for 3 years. I think that she got herself on the board to come after to me. Not sure because I have a toddler or because my boyfriend is a minority. I have retained counsel. Just don’t see how they can make visitors residents of your household or keep fathers from seeing their children. This takes being in someone’s bedroom to a whole new low.

Mister Condo replies:

C.T., family and neighbor drama aside, you have already taken the right step by contacting an attorney who will advise you of your legal rights. As a rule, providing a name of a friend, family member, or other acquaintance who visits your unit regularly has no legal bearing on that person’s ownership of the unit. Your ownership is determined by your name being on the deed to the property. They are not requiring you to amend your deed so I don’t see where he would have any legal claim to be a resident. He would be able to claim he has been identified to the Board as having residency, which may make him subject to things like parking rules for residents or amenity use (a pool, for instance) but it wouldn’t give him legal rights to your property outside of the walls of the association. Again, please speak with your attorney about the specifics.

As for your relationship with the Board member who lives above you, I wouldn’t give that too much credence. As long as you are living within the rules of the association, there isn’t anything she can do to make your life miserable. If you are ever targeted for being a Mom of a toddler or for having a minority for a boyfriend, you will speak to your attorney about bringing a suit against the Board. Believe me, you have way more power in that situation than any Board would care to deal with. Discrimination lawsuits are costly to defend and even more costly to lose. Go on living your life and enjoying your home. All the best!

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