Leni Morrison Cummins, a member in the firm’s Real Estate practice, discusses the need to abide by a condo board’s current declaration and bylaws regardless of what documents stated at the time a unit was purchased. Leni addresses this topic as it relates to a letter received by a condo unit owner from the board indicating that, because the owner had an illegal tenant occupying the unit, a monthly rental fee would be assessed. The owner did not notify the board about the tenant and, although the offering plan, original governing documents did not have leasing/occupancy restrictions, the board’s declaration and bylaws had since changed.

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