C.D. from Sarasota County, Florida writes:
Dear Mister Condo,
Does a board or association have any legal need to know everyone staying in each unit in their complex? Or another way of asking – can someone be staying in a unit (not the owner) without knowledge of the association/board?
Mister Condo replies:
C.D., most associations require owners to notify the association about who lives within their units. There are many legitimate reasons for this information to be shared (insurance, police inquiry, accountability in case of disaster, etc.) but there are many owners who will refuse to comply for their own reasons. Most common is the desire for privacy and the feeling that “what goes on inside my unit is my business”. The reality is that it is very difficult (almost impossible) for a non-gated community to keep track of who is coming and going and living within the condo or HOA. Common interest communities like condos and HOAs come with deed restrictions and rules for a reason. Owners should voluntarily comply with those rules for the best interest of the association and so that the rules designed to protect the community are followed. Many associations actually limit who may stay in a unit for particular lengths of time. Most prohibit subleasing or Airbnb-style renting of units. These are both perfectly legitimate reason that the Board has a right to know who is living in each unit. All the best!