June 2023
Those residing in a high-rise condominium fall into one of three groups.
The owner of a property holds a legal deed. They retain all the rights of ownership and are responsible for all activities occurring in the unit, or in common areas by those with access to the unit. A tenant or renter holds a valid leasing agreement with the owner. All others who reside in a unit are guests as the relationship pertains to the corporation. These are short-term visitors to a unit with stays ranging from hours to, typically, a limited number of days.
An “undocumented tenant” is a guest who never seems to leave and acts as a de facto resident. They may claim the right to access amenities, utilize secure parking areas or have building-wide access through use of a key or electronic fob provided to them by the owner. An “undocumented tenant” is an undesirable. The corporation has no rights to act directly against them when in violation of rules or the declaration and must work through the owner.
The unit owner is the only responsible party for actions taken by tenants or guests of the unit. To fight against misuse of guest access, communities may implement a single-family rule, restrict total unit occupancy, or limit the number of days a guest may be allowed. These restrictions help prevent overcrowding. It helps prevent the corporation and its owners from being responsible for the higher costs associated with increased occupancy or non-resident use.
