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!
If your governing documents allow for it then you should fine this owner. Then keep fining her until it’s not profitable for her to rent out her unit. Do all you can to disrupt this business of hers’. If you involve an attorney all that is going to happen is attorney bills for the association. If you have good governing documents and a resolute board of directors you can handle this in house.
Google her address….she has to advertise somewhere…try Airbnb….then turn her into the city and IRS.