QUESTION: We have been renting a condominium unit in a fairly large complex for the last several years, and our current plans are to stay here for several more years. For financial and other personal reasons, we do not want to buy.
However, quite frankly we feel we are second-class citizens in this condominium complex. We recognize that we cannot serve on the board of directors. However, we want to get involved in various condominium activities, including the budget, grounds and maintenance, and a newsletter, but the board is adamant against our involvement. We believe we can be more productive for the condominium than many of the owners, but we are treated as if we do not exist. Is there any legal reason why we cannot get involved?
ANSWER: This is a very touchy and sensitive issue in the condominium community. Many condominium boards of directors have the attitude that owners are good and tenants are bad.
But people are people.
I have known many owners who not only do not cooperate with their association, but indeed are downright destructive. I have known many tenants who take better care of their property than do their counterpart owners.
Unfortunately, there is a stigma attached to a tenant. The general philosophy is that "I bought into this complex, and accordingly I have a greater involvement in protecting my investment."
However, getting these people to serve on boards of directors, or to participate in the numerous condominium activities is often quite difficult. Apathy is rampant in most condominium associations. There have been many occasions where boards of directors have pleaded with owners to attend an annual meeting--or at least give a proxy--so that a quorum could be reached.
Many years ago, there were secondary mortgage market restrictions on the number of tenants that could be living in any condominium community. Generally speaking, if the level of tenants reached 30%-40% of the entire membership, lenders would be reluctant to make loans on individual condominium units.
While these restrictions still apply for newly constructed or newly converted condominiums, for all practical purposes most condominium associations do not have to worry about these rental restrictions, unless the ratio starts to come close to 50%.
Indeed, I believe that even the financial community is beginning to understand that sometimes a tenant can be a better asset to a condominium than an apathetic occupant-owner.
