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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

We have an investor who is very behind in maintenance fees. We'd like to take away his tenant's parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner's tenant?

Answer:

In the event that your by-laws permit for the suspension of these parking privileges when a unit owner is delinquent in the payment of maintenance charges, then you may be able to suspend the parking privileges of the tenant based upon the delinquency of the unit owner. However, I suspect that your by-laws do not permit this. Typically, if by-laws permit for the suspension of certain rights, they are limited to the use of recreational facilities (swimming pool, club house, tennis courts) which are in the nature of a convenience rather than parking which is in the nature of a necessity.

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