P.H. from Ohio writes:
Dear Mister Condo,
If family stays with a condo owner for a month or more, are they considered guests or residents? Should they be allowed to use amenities without the presence of condo owner?
Mister Condo replies:
P.H., that is a great question! I wish I had a great answer! Unless your documents allow or forbid family members from prolonged visits, you have touched on a “grey” area for many associations. Most associations require residents to live in the property full-time. Age of the “guest” may also come into play and there is a fine line between a guest and an undocumented tenant. Some states even go so far as to define “family” limiting family members to parents and their children. This eliminates nieces, nephews, and sixth cousins, twice removed from being eligible to claim status as “family”. This has become particularly relevant during the current pandemic where many associations are limiting use of amenities to residents only. The first place to check is your governing documents. You will likely see the role of resident defined as an owner and immediate family or a fully documented tenant whereby the landlord provides an executed copy of the rental agreement as proof of residency for the tenant. If you have other folks living in your association who don’t all into one of those two categories, you likely have guests. Guests hold no status within the association and may only use the amenities as outlined in your documents, meaning cousin Herald and his three kids can’t use the pool as a guest if no resident accompanies them. I hope this explanation helps. All the best!