C.W. from Utah writes:
Dear Mister Condo,
My husband and I just bought a condo and after reading the governing documents there is a restriction on renting our unit. There isn’t a short term vs. long term and not much insight into the restriction other than unit can’t be rented. We want to know if there is a way that we could rent it to family if the title remains in our name?
Mister Condo replies:
C.W., as you may know, I am not an attorney and can offer no legal advice in this column. You may wish to consult with an attorney before you make the decision to offer a lease to anyone, including family members, in a condo that has a “no leasing” restriction in their governing documents. My friendly advice is that as long as the title remains in your name, you, and only you, may reside in the unit. You may have guests and peaceable enjoyment of your unit as allowed by the governing documents but it is clearly a violation to offer a lease to anyone, including family members. Once the Board finds out you have leased out your unit, they will likely hire their own attorney and act against you. Even the family members you improperly lease to may have a case against you for offering a lease on a property you had no right to lease. Do yourself a favor and speak with an attorney before you create a legal and financial nightmare for yourself. If your intention is to lease a condo, sell this unit and purchase into a community without a lease restriction. All the best!