J.R. from outside of Connecticut writes:
Dear Mister Condo,
There is a man nude using our common area bathroom. Our video tape shows him walking down our hallway nude. We know he lives here as a roommate to one of our owners. What can we do to stop this behavior? Is that indecent exposure?
Mister Condo replies:
J.R., it sure sounds like indecent exposure! Nudity is not usually addressed in condo documents and you really wouldn’t expect it to be. However, there are usually constraints that do identify unacceptable behaviors in the common areas and there are usually clauses about nuisance and prohibited illegal activities. The Board can also pass a rule about nudity being explicitly forbidden in the common areas that they could then enforce with fines and such. My first call would be to the local police to see if a crime had occurred. Keep in mind that condominiums are private property so they may say it is up to you to govern or they may simply speak with the offender and tell them to knock it off. If the behavior persists and there is video evidence that is easy to prove, summon the unit owner to a BOD meeting, explain the problem, and then fine for each future occurrence. Hopefully, the simple act of letting them know it is caught on videotape is enough to make it stop. If not, take action. Good luck!