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Monday, January 21, 2019
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Subject: renters have more privileges than some shareholders
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Author Messages
JoanQ
(California)

Posts:10


12/21/2018 11:55 AM  
our co-op has a rule stating "non-family guests staying in a unit are permitted only with the shareholder on the premises". We also allow 20% of the units to be rented. The logic escapes me that I cannot have a friend(s) stay in my unit when I am not present (people I know), but some shareholders are allowed to rent their units out to basically strangers. Anybody else out there have these rules??
SueW6
(Michigan)

Posts:402


12/21/2018 1:00 PM  
I see the difference quite easily.

A guest stays at a unit only when the owner is also there. I’m sure you have a limit on how long a guest can visit.

A renter has a lease, pays rent, and does not need the owner to be in the home with them. Leases have a time frame in the contract.
KerryL1
(California)

Posts:6045


12/21/2018 1:16 PM  
This quote, JoanQ, is very odd: "non-family guests staying in a unit are permitted only with the shareholder on the premises." It's "on the premises" words that're odd. Can you add the words before & after this strange quotation? What document is it in, anyway?

In our condo building,, we have a rules that residents must accompany their guests if they use amenities on the premises.
In most CC&Rs, btw, owners who rent out their units may not use the common area amenities.
AugustinD


Posts:1271


12/21/2018 2:16 PM  
JoanQ, I think this is pretty usual. Contracts help protect against liabilities. Guests are not under contract. So I can understand why the rule is as you stated.
JoanQ
(California)

Posts:10


12/21/2018 3:48 PM  
thank you everyone for your thoughts this is exactly why I asked, to receive different opinions and angles. - our co-op allows all kinds of relatives to stay without shareholder being present. Guess the liability would be implied since they are "family"? There is a group of us that are attempting to change the policy and I want to make sure we cover all possibilities. We did come up with a non-revenue generating guest idea which would be the same as a renter. FYI renters time period is not less than 30 days and no more than 4 months. Family can come and go with max of 90 days in a year. One part of the family policy would allow the in-laws of a niece or nephew, but no cousins.

KerryL1
(California)

Posts:6045


12/21/2018 4:50 PM  
Joan, why not visit davis-stirling.com, which is compiled by CA HOA attorneys. their Main Index has many topics listed that you can click on. You might try cooperatives first just for the heck of it. I do believe they're covered by the Davis-Stirling Act. Also click on "visitors," Guests."

Are you on the board?
JoanQ
(California)

Posts:10


12/21/2018 4:53 PM  
thank you I have been reviewing Davis-Stirling Act and continue to do so, and will use when I am able to cite a few rules. I am not on the Board -yet. hahahaha
JoanQ
(California)

Posts:10


01/10/2019 7:20 PM  
this is the complete sentence

11. VISITORS AND GUESTS:
Family members can use the unit with limitations as specified in #10 above and Article IX, Section 3 of the Bylaws, which states, “at least one person in each Unit must be a person 55 years of age or over.” Non-family guests staying in a unit are permitted only with the shareholder on the premises.

nothing after this paragraph

CathyA3
(Ohio)

Posts:124


01/11/2019 5:19 AM  
Posted By JoanQ on 01/10/2019 7:20 PM
this is the complete sentence

11. VISITORS AND GUESTS:
Family members can use the unit with limitations as specified in #10 above and Article IX, Section 3 of the Bylaws, which states, “at least one person in each Unit must be a person 55 years of age or over.” Non-family guests staying in a unit are permitted only with the shareholder on the premises.

nothing after this paragraph





Now it makes sense: 55-and-over communities tend to have additional restrictions to preserve the nature of the community, and some of these restrictions would not pass the Fair Housing test in other communities. (The Fair Housing laws specifically exempt 55-and-older communities from certain provisions.)
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