Everybody Out of the Pool!

A unit-owner in a small Upper East Side condominium building has a problem. Renters in the building have been letting their guests use the amenities when the hosts are not present, a violation of house rules. These uninvited guests horse around in the pool, disrupt everyone’s tranquility, and even hog the towels. The unhappy unit-owner has a question: How can he and his neighbors make the board take the situation seriously?

When unit-owners break the rules (or when their renters’ guests break the rules), condo boards generally have two options, says the Ask Real Estate column in The New York Times. They can take the offender to court, or they can levy fines, depending on the building’s bylaws.

Dragging a unit-owner into court over rowdy swimmers – or other amenity abusers – might elicit a shrug from the judge. Fining the offender might be more productive, provided the fine is “reasonable.” If the owner fails to pay, the board could place a lien on the apartment. The board could also revoke the right of the unit-owner and his guests to use the amenities.

The simplest solution might be the best: ask the managing agent to enforce the rules. That, after all, is his job.