Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

If an owner has rented out his/her home and does not live within the complex, can he/she still use the recreational facilities?

April 26, 2017complex facilities Home live owner rented

0

10 Posted

If an owner has rented out his/her home and does not live within the complex, can he/she still use the recreational facilities?

1 Answer

0

10 Posted

If there is no provision in any of the governing documents prohibiting a non-resident owner from using the recreational facilities while his/her unit or lot is rented, he/she may continue to use them. If there is such a provision, the law is currently unclear as to whether the prohibition can be enforced. For additional information, see Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1600, 47 Cal.Rptr.2d 783 (enforcing a restriction), and MaJor v. Miraverde Homeowners Assn. (1992) 7 Cal.App.4th 618, 9 Cal.Rptr.2d 237 (invalidating a restriction).