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Separated From Husband, Can I Still Use Community Amenities?

On Behalf of | Oct 23, 2017 | Condo / HOA, Firm News |


Q. I am separated from my husband and I am no longer living in my home, but my name is still on the title and the mortgage. I would like to still use the community amenities, but I am no longer paying the association dues. Do I still have the right to enter the community and use the facilities such as the clubhouse, fitness center and pool?

A. You probably still have the right to use the community amenities, provided your husband is continuing to pay the association dues. First, you need to review your community documents with respect to membership in the association. You are probably a member of the association if your name remains on the title to the property. Members have the right to use association facilities if they are current with payment of association fees. If the member becomes delinquent for more than 90 days, the association has the right to suspend your use of the amenities until you pay all amounts owed to the association. If payment of association fees is not a factor, the association cannot suspend a member’s right to enter the community and use the facilities simply because you have moved out. Absent a divorce agreement to the contrary, your husband cannot block your right of access either. You should confirm this issue with your attorney, but based on your question I believe you will have right to continue using the community amenities until your name is removed from the property either by refinance or sale of the home.