Hoa Responsible Removing Person From Premise Who Has A Key

Question:

Question:

Who is responsible for removing a person from a premise if the owner had given the key to this person at one time? Should the owner contact the police after giving this person notice to leave the premise (mind you, this was just an expression of kindness to begin with, but this person took advantage of the owner), or is this for the Management Company to remove them from the premise? Hope you can help, and thanks.

Answer:

First let me say that the following is not intended to be nor should it be construed as legal advise.

Your question if I understand it correctly is:

Does the condo association have a responsibility to an owner to assist such owner in the eviction of person or persons occupying the owners unit? It is also implied in you question that the condo owner gave a key to the person who is now to be evicted.

First let me say that I know of no responsibility that the association has in this regard. It may however be in the association's best interest to assist the owner in the process. It is my opinion that this responsibility falls to the owner in the same manner that an owner is responsible for the actions of any tenant. For example, if a tenant is breaking the association rules it is ultimately the responsibility of the owner to cause the tenant to comply or the owner may be faced with fines or other sanctions as provided in the community documents. It is also my opinion that the owner must follow all of the rules that apply to tenant landlord relationships and give the occupant notice and opportunity to comply.

Unless the manager or the management company gave the access to the unit without permission of the owner then I do not see and responsibility on their part, but as I stated before they may help in the matter if it serves their interests.

In summary the owner is most always responsible for his unit unless some other arrangements have been made or the documents state otherwise.

Question:

Do independent managers need to be licensed in any form, and is that legally necessary or just recommended?

Answer:

Unfortunately, Independent Community Managers are not required to be licensed by any governmental agency. Look for Property Managers that are accredited with either the CAMC designation thought CAI or CEM designation through NICM.

Copyright (c) 2010 Rod Hoss

by: Rod Hoss

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