Can an owner use their condo's amenities if the condo is being rented?

Answer 1

Your question sounds like you might be okay with a little 'double-dipping' -- or not. But let's look at what's possible.

You're asking about assets of the association owned by you in common with all the other owners: you do not intend to use your unit per se while it's being rented.

You don't state the nature of the amenities, nor do you indicate how much of your assessment dollar pays for the amenities that you want to use.

Here are a few questions:

• As an owner, do your tenants expect to be able to use these amenities because of being included in the rent they pay?
• What is the market price/ value for use of these amenities?
• Are there any precedents in your community that you can point to where owners enjoy both the use of the amenities and a revenue stream based on their availability?
• Can you find anything in your governing documents that addresses this issue?

Best practices dictate that this is a matter of fairness -- fairness to all other owners, tenants and owners who rent. Asking the question is a good first step in clarifying your status in this matter.

A suggestion is to send a letter to the board of directors of your private democracy and request that the issue be discussed at a board meeting. Present your case and ask the board to vote on how this situation can be handled. Options could be:

• the practice is allowed with no limit; all owners are afforded this privilege;
• owners can pay extra for the use of the amenities while their units are being rented;
• owners can use the amenities if their tenants are precluded from using them;
• the practice is not allowed; any owner who takes advantage of the association's assets while renting out their unit will be fined.