resources / Statutes / Condominiums / §33-1260.01
Title 33 – Property
Chapter 9 – Condominiums
Article 3 – Management of the Condominium
- A. A unit owner may use the unit owner’s unit as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions.
- B. A unit owner may designate in writing a third party to act as the unit owner’s agent with respect to all association matters relating to the rental unit, except for voting in association elections and serving on the board of directors. The unit owner shall sign the written designation and shall provide a copy of the written designation to the association. On delivery of the written designation, the association is authorized to conduct all association business relating to the unit owner’s rental unit through the designated agent. Any notice given by the association to a unit owner’s designated agent on any matter relating to the unit owner’s rental unit constitutes notice to the unit owner.
- C. Notwithstanding any provision in the condominium documents, on rental of a unit an association shall not require a unit owner or a unit owner’s agent to disclose any information regarding a tenant other than the name and contact information for any adults occupying the unit, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants’ vehicles. If the condominium is an age restricted condominium, the unit owner, the unit owner’s agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the condominium’s age restrictions or requirements.
- D. On request of an association or its managing agent for the disclosures prescribed in subsection C of this section, the managing agent or, if there is no managing agent, the association may charge a fee of not more than twenty-five dollars, which shall be paid within fifteen days after the postmarked request. The fee may be charged for each new tenancy for that unit but may not be charged for a renewal of a lease. Except for the fee permitted by this subsection and fees related to the use of recreational facilities, the association or its managing agent shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a unit owner’s rental unit any differently than on an owner-occupied unit in the association.
- E. Notwithstanding any provision in the condominium documents, the association is prohibited from doing any of the following:
- 1. Requiring a unit owner to provide the association with a copy of the tenant’s rental application, credit report, lease agreement or rental contract or other personal information except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.
- 2. Requiring the tenant to sign a waiver or other document limiting the tenant’s due process rights as a condition of the tenant’s occupancy of the rental unit.
- 3. Prohibiting or otherwise restricting a unit owner from serving on the board of directors based on the owner’s not being an occupant of the unit.
- 4. Imposing on a unit owner or managing agent any fee, assessment, penalty or other charge in an amount greater than fifteen dollars for incomplete or late information regarding the information requested pursuant to subsection C of this section
- F. Any attempt by an association to exceed the fee, assessment, penalty or other charge authorized by subsection D or E of this section voids the fee, assessment, penalty or other charge authorized by subsection D or E of this section. This section does not prevent an association from complying with the housing for older persons act of 1995 (P.L. 104–76; 109 Stat. 787).
- G. An owner may use a crime free addendum as part of a lease agreement. This section does not prohibit the owner’s use of a crime free addendum.
- H. This section does not prohibit and an association may lawfully enforce a provision in the condominium documents that restricts the residency of persons who are required to be registered pursuant to section 13-3821 and who are classified as level two or level three offenders.
- I. An owner of rental property shall abate criminal activity as authorized in section 12-991.