Board Condominium Governance Rules Enforcement

Florida Condo Owner Needs to be Home When Family Stays Overnight

G. from Florida writes:

Dear Mister Condo,

Hi! After 13 years at my condo I was told that my family members could not stay at my condo for a few days unless I was there. Is this legal? I had people stay there several times throughout the years for a few days and was never told I couldn’t do it. Your answer would be appreciated. Thank you.

Mister Condo replies:

G., your answer lies in your association’s governing documents. My gut instinct is that you will likely find that you are required to be in attendance with any guests, especially if they are using any amenities, such as a pool, tennis courts, clubhouse, etc.. Many associations have added such rules in recent years to prevent unit owners from subletting using services like AirBnB or VRBO, where they are actually making income from their units when they are not home. Check your documents. If there are provisions prohibiting you from having people stay in your unit when you are not at home, be thankful you weren’t fined for past violations and follow the rules moving forward. Good luck!

1 thought on “Florida Condo Owner Needs to be Home When Family Stays Overnight”

  1. In addition, you may want to protect yourself further by identifying where this change was made: in the CC&Rs, the By-laws or the rules.

    Each level of document’s governance requires a separate process. This change, or announcement, may not be ‘whimsical’, but must only become effective after the board has followed the written process for making this change.

    That you were ‘told’ — suddenly? — may mean that this change is indeed ‘whimsical’ — or possibly, you have not kept up with notifications from your board announcing this change and your responsibility to participate in its approval.

    Or, this restriction has been in your governing documents all along, and the inclusion has simply missed your inspection.

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