Minding the Neighbor’s Business

Just How Far Can Condominium Owners' Associations Go in Deciding Who Can Move into the Building?

Condominium owners\' associations impose a variety of restrictions on owners, regulating things from pets to children to color schemes in interior decorating. The right of owners\' associations to regulate aesthetics and behavior is recognized and accepted; however, the practice of controlling membership in condominium communities by restricting leasing and alienation of units is more controversial.In this note, the author argues that the right of an owners\' association to regulate a building\'s architecture, parking, and landscaping differs substantially from an alleged right to regulate who may live in a building or community, and that the latter should be disfavored as a matter of public policy.

The full text of this Note is available to download as a PDF.