Non-Owner Residents A Look at Who Can Occupy Your Unit

Aside from yourself, who exactly may live in your condo or co-op unit? While you as the owner might believe you have the sole authority to make that decision, most (if not all) condominium and co-op properties today have policies spelled out in their governing documents that determine the answer to that question. 

“In condominiums,” says Ken Direktor, an attorney specializing in common interest community law with Becker & Poliakoff in Fort Lauderdale, “these restrictions are typically found in the declaration. In co-ops, they’re in the bylaws, rules or proprietary lease.”

The Nature of Restrictions

According to Direktor, “These restrictions tend to fall into the following four categories: The first sets a minimum and maximum term for leases. The more important of the two is the minimum lease term, because it sets a baseline for how frequently you can lease.” Typical minimums are three to six months, and the maximum is usually one year.

The second component, explains Direktor, “is a restriction on how frequently you can lease your unit. Most restrict you to once in a 12-month period.” What that effectively means is that if you lease your unit for one year, and one month into the lease your tenant leaves, you will not be able to lease again for 11 months.

A third common restriction, Direktor continues, “prevents you from leasing for a specific period of time from when you took title.” For example, you cannot lease out your unit for the first year after you purchase. This rule is designed to encourage owner occupancy. 


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  • Can a mgmt co hold up a sale of a co op for being vindictive? I sold my co op a month ago and mgmt co keeps asking title co.for the same papers over and over.What can I do.??? She has all the information and has already cashed a $ 200.00 check for doing back ground check 2 weeks ago. Please help!
  • I have lived with my boyfriend now fiance for over 4 yrs here in FL. He was buying on contract from his friends and now owns he did this for me because I got rid of all my possessions to come live here with him .now since he has bought the B.O.D are saying I can't use any of the amenities because now they are calling me a guest .guest are suppose to be accompanied by the owner.they are discremating against me , I would say half our park are not married and others use the amenities with out the owner .I also pay half the Bill's and the light bill comes out of my checking account .This is a mobile home with condominium rules I don't know if this Is legal we ask for the rules and regulations they said they are all out wait till December when new ones come out .I never had a problem with this before with other bod here .is this illegal?
  • My condo only allows immediate family to live in it. If the person owning the condo does not live in it but has her ward (her aunt) she is her legal guardian, living in it with a caregiver. The ward was living in it with her mother for 5 years and the mom passed away. The mom is the guardians grandmother and left the condo the guardian.
  • My daughter who is 54 and disabled has been living with me in my condo for 4 years. Now the Association wants her to be screened. The paperwork they gave me was like her being a co-owner. Can the Association make me do this