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January 22, 2008 9:15 AM

Long-distance condo landlords cause concern

Posted by Elizabeth Rhodes

Q: My small condominium association allows rentals. However we're having trouble with long-distance owners who rent their units, then are unavailable when problems arise, leaving the board to try to help tenants out. Can the board enact a rule requiring long-distance owners to have a property manager available to oversee their unit? Also, our declaration allows pets. Can the board enact a rule that allows owners, but not tenants, to keep pets?

A: The answers are no and no, says Lance Mann, the vice president of Yates Wood, a property management and commercial real-estate firm in Seattle. But he has sympathy for you.

"The association has absolutely no responsibility other than their own desire to be a good Samaritan to deal with the (rental) problems of a unit," says Mann.

Indeed, no matter how far away the owner lives, it's still that owner's responsibility to fully manage their rental. That's why long-distance owners should have a plan in place to deal with emergencies.

As Mann points out, a rule is the lowest level of condo governance, the declaration being the highest.

"I don't believe a rule would be enforceable to the extent that the declaration would be. You could enact a rule and attempt to enforce it, and if the owner says no?"

Then the board is basically in a pickle.

As for the pet situation, "in my opinion that would be a discriminatory rule and wouldn't be enforceable," says Mann.

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