Can a co-ownership owner-landlord access our pool?

As a member of the board of directors of our co-ownership, I am concerned about the access rights to common portions for co-ownership owners who choose to rent out their units. One of our owners, who has recently rented out his apartment, wonders if he can continue to use facilities like the pool and gym, which he previously frequented three to five times a week. Question: Does he still have the right to use these services even though he is no longer a resident of the building?

Answer: It's important to understand that when a co-ownership owner decides to rent out their dwelling, they generally transfer the exclusive use of that unit and access to common facilities to the tenant. Therefore, it is usually the tenant who enjoys the rights to use the common portions such as the pool and gym, not the absentee co-ownership owner.

Ownership of a portion of the co-ownership includes rights of use and enjoyment that the owner can exercise by renting or lending the property. However, unless specified otherwise in the lease or loan agreement, the tenant not only has the use of the private portion but also the entirety of the co-ownership owner's share. This means that the lease or loan typically encompasses the entire share of the co-ownership, not just the private portion. Consequently, the tenant replaces the owner in the exclusive use of both the private portions and the common portions.

In summary, renting out a co-ownership unit temporarily transfers certain usage rights in the common portions to the tenant, but the owner retains their voting rights and decision-making capabilities regarding issues that affect the co-ownership as a whole.

                                                                                   Back to questions and answers