When is a Condo Guest More than a Guest?

S.W. from Florida writes:

Dear Mister Condo,

Florida condo provides parking sticker for unit owner that lives in unit plus 2 guest passes. My son visits 3 days a week & stays overnight & hangs the permanent guest pass. Board wants him to lie in tenant form that he lives in unit & pays rent. By laws / condo docs state guest can park for a limit is 30 days, for a period of 4 months, except for family members. Board member stated the car will be towed if just using a guest pass. He is my son, therefore a family member & we do not falsify written documents. What are my rights? Also, sometimes I drive his car that is also registered to me.

Mister Condo replies:

S.W., I am sorry you find yourself at odds with your association over your son’s car. You should not be asked to falsify documents but you should also respect the rules of the association. Obviously, the association feels as though your son’s car being on property so frequently is a violation of the rules. You don’t feel that way so there is a disagreement between you and the association over the interpretation of the rules. Let’s start with the premise that you own both cars and want to keep them parked on association grounds. If what you have told me is correct, that isn’t allowed. You get one parking sticker per unit and that is being used for your car. You also get two guest passes that were designed for the specific use of short-term visiting guests. The association has very specific rules on what defines a guest. I can’t tell you specifically how to interpret those rules because you end the statement with “except for family members”, which clearly your son is. What are the rules for family members? Is there a form to fill out indicating that he is a family member? If so, fill it out and follow the rules for family members. If you continue to use the guest pass and the Board feel you are violating the rules, they may begin to fine you and/or tow his car as they have threatened to do. Many associations have these parking restrictions in place so that unit owners don’t skirt rules about long-term visitors and family members taking vacation within units. My guess is that the association is in the right here but you may wish to seek a legal opinion from a local attorney and see what additional rights you have. It is an unfortunate situation to say the least and I am sure neither you nor your son are seeking to be uncooperative. It would be nice to take a deeper look at your documents to see what you are doing “wrong” in the eyes of the association. If all it takes to satisfy them is filling out a form that says he is a family members and not just another visitor, I would likely advise you to do so. All the best!

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