Q: We have an owner who is seriously delinquent and lives up north year round. However, he allows friends to visit and use the unit from time to time in the winter months. His guests use the pool and the other amenities and it is really causing a stir with other residents. What can we do to deny access to the unit?
A: Unfortunately, the association must allow the owner and his invited occupants to have access to the units. The association cannot legally suspend the rights to use common elements needed to access the unit, parking spaces or elevators. However, the association can suspend the right to use all other amenities, common elements and association property by sending a single notice, approved by the Board, to the owner and any occupants. If the association has the technology to disable key cards that provide access to the pool area, clubhouse and other common areas that are not needed to allow access to the unit, this can be an effective enforcement tool and should be done for all owners who are delinquent more than 90 days