Tenants in Homeowners' Associations Are Just Another Neighbor
Tenants in homeowners’ associations have many of the same rights as other residents. It is true that since they are not property owners they do not have certain privileges such as voting at meetings, but in terms of coexistence, they are just another member and have their rights like anyone else.
The number of rented apartments is increasing. Rentals have soared in recent years, and it seems to be a growing trend. Therefore, in the future it will not be unusual to find more rented units than owner-occupied ones in a homeowners’ association. Thus, it becomes vitally important to establish and clarify what the tenant’s role is and what their rights are, and of course, also their limitations.
Many of the main questions arise in relation to the use and enjoyment of common areas, repairs to the dwelling, the landlord’s visit to the interior of the property in case of, for example, complaints from other neighbors, etc. Below, we will try to answer the most common questions.
Rights that tenants have in homeowners’ associations
Tenants in homeowners’ associations have the right to use all common areas in the same way as any property owner. This means they can use the pool, gardens, garage, etc., with the same rights and the same obligations as all residents. This also means they must respect the community rules in this regard.
The main exception is that in no case can the tenant and the property owner of their unit use the facilities at the same time. That is, if the tenant is at the pool, the owner cannot use it, unless, of course, they had another property in the same community.
Another right that tenants have is the right of first refusal in case of sale of the property they are renting. That is, if the owner decides to sell the house, the tenant has priority in purchasing it over any other buyer. Similarly, the tenant has the right to carry out renovations in the rented property in accordance with the law, like any other neighbor. The difference is that in their case they will need the explicit permission of the owner.
Finally, the tenant also has the right to claim damages from the homeowners’ association for construction work that has caused damage to them, the property, or any object they own. They can carry out this process without needing the involvement of the property owner.
Many of these aspects are reflected in the Horizontal Property Law.
Rights that tenants do not have in residential communities
Tenants do not have all the rights of a property owner. Logically, they cannot enjoy certain privileges such as having a say and voting on decisions that concern the community. Among these cases, the main one is that tenants do not have the right to attend homeowners’ meetings or to vote. The exception, of course, is if the owner delegates that right to them. But this must always be done in writing.
A tenant can never be president of the community. This right remains an exclusive privilege of property owners. Furthermore, it is not a position that the owner can delegate.
Another common question that people who rent a property have is about the owner’s right to enter the house. Under no circumstances can this happen. In fact, if the owner enters the tenant’s home without permission, they can be reported to the court.
The community cannot send notifications to the tenant, even if they are directly affected. Such notifications must be sent to the property owner in all cases and without exception.
Finally, in case of wanting to call a residents’ meeting to raise a specific problem, tenants have no authority whatsoever. It will have to be the property owner who carries this out, since this right is reserved only for property title holders.
Can tenants benefit from technological improvements?
When we are tenants, we wonder if we can benefit from the technological improvements of homeowners’ associations. The answer in this section cannot be a definitive yes or no. The reality is that it depends on the service we are talking about. If, for example, a satellite dish is going to be installed to enjoy cable television, it will be the owner’s matter. These issues are discussed at meetings where tenants do not have a seat or voting rights. So it will be the owner’s decision. One possibility would be for the tenant to be willing to cover all installation and maintenance costs and reach an agreement with the owner. But as far as the community is concerned, it must be the owner’s decision.
The same does not apply when we talk about mobile applications used to manage common areas. If, for example, an application to control community pool capacity and manage reservations is used, the situation is different. In this case, since it is something necessary for the enjoyment of a common area, the tenant would have the same right to use it as the rest of the residents. Otherwise, they would not be able to enjoy said common areas, which constitutes a fundamental right.
Therefore, regarding technological improvements, we will say in conclusion that depending on which one, the tenant will have a direct right to enjoy it, or will need the intermediation of the property owner of their dwelling.
