FREQUENTLY ASKED QUESTIONS

An owner’s guests and tenants have the same common area usage rights as the owner unless the governing documents specifically provide otherwise. The owner is responsible for ensuring that his guests and tenants comply with all applicable association rules and can be liable for violations by his guests or tenants.

Each owner in a condominium project or planned development is equally entitled to use all common area (other than Limited Common Elements) regardless of ownership or assessment percentage. However, governing documents may contain more specific requirements and limitations.

A homeowners’ association may charge fees for the use of recreational facilities and refuse access without payment, provided the charge applies equally to all owners and is not specifically prohibited by the governing documents. Such fees can be initiated and adjusted by the board unless the governing documents specifically require an owner vote.
The association may also temporarily suspend an owner’s recreational facilities usage privileges as discipline for a violation of the governing documents. This type of discipline is permitted only if: (i) the governing documents do not specifically prohibit it, (ii) the board has adopted the discipline policy in advance, (iii) notice of the policy has been provided to all the owners in advance, and (iv) the violating owner is given notice of the violation and the opportunity to request a board hearing before the recreational facilities usage privileges are removed.