Understanding Your Rights as a Condo Owner

10 June 2025

Owning a condo can be an exciting step toward homeownership, offering the perks of a comfortable living space without the hassle of property maintenance. But here's the thing—many condo owners don’t fully understand their rights. And let’s be honest, nothing feels worse than being blindsided by rules or fees you didn’t even know existed.

So, if you’re a condo owner (or planning to be one), it's crucial to know what rights you have. This knowledge can save you from unnecessary headaches, unexpected expenses, and even legal disputes. Let’s break it all down in a way that actually makes sense.

1. Your Right to Ownership

First things first—what do you actually own when you buy a condo? Unlike a traditional house where you own the structure and the land, condo ownership is a bit different.

What You Own:

- Your Unit – Everything inside your walls, from your floors to your ceilings, is yours.
- A Share of Common Areas – You co-own common spaces like hallways, lobbies, the gym, pools, and elevators with your fellow residents.

What You Don’t Own:

- The building's exterior, roof, or structural components (these typically fall under the condo association’s responsibility).

Understanding this distinction is key because it determines who is responsible for what when it comes to repairs, renovations, or disputes.

2. Your Right to Use Common Areas

Common areas are meant for everyone in the community, but that doesn’t mean you have unrestricted access to do whatever you want. Condo associations usually put rules in place to ensure these spaces are maintained properly and remain enjoyable for all residents.

Your rights include:
✅ Access to amenities like pools, gyms, and recreation rooms.
✅ The right to a clean and safe environment.
✅ Protection from discrimination—nobody can deny you access based on race, religion, or other protected characteristics.

However, there are limitations:
❌ No vandalism or damage—you’re responsible for keeping spaces in good condition.
❌ Potential guest restrictions—some buildings limit how many guests you can bring to certain amenities.

If an association suddenly decides to restrict your access to these areas unfairly, you can—and should—challenge it.

3. Your Right to Privacy

Your condo is your home, and you should feel safe and secure inside your walls. But did you know that your condo board can enter your unit under certain circumstances?

When They Can Enter:

- Emergencies – If there’s a fire, gas leak, or immediate danger, they can enter without notice.
- Repairs & Maintenance – If the building is responsible for fixing something inside your unit (like plumbing or electrical issues), they usually have the right to enter—but they must give advance notice.
- Policy Violations – If they suspect you’re violating rules (like hoarding or creating a dangerous environment), they may request entry.

When They Can’t Enter:

- Simply because they feel like it or “just to check in.”
- Without providing reasonable notice unless it's an emergency.

If your privacy rights are being violated, you can file a complaint or seek legal action.

4. Your Right to Have a Say in How Things Are Run

As a condo owner, you’re automatically a member of the Condo Association (HOA or COA). This means you have the power to shape the community’s rules and regulations—but only if you actually get involved.

Your Voting Rights:

- Elect board members who will represent you.
- Participate in decision-making regarding maintenance fees, building policies, and major renovations.
- Challenge unfair changes that could negatively impact your ownership.

If you feel that the board is making decisions that don’t align with your interests, attend meetings, voice your concerns, and rally other residents for support.

5. Your Right to Fair Fees & Assessments

Let’s talk about money, because nobody likes unexpected fees popping up out of nowhere.

What You Can Expect to Pay For:

- Monthly HOA Fees – Cover maintenance, amenities, and shared expenses.
- Special Assessments – Unexpected expenses for major repairs (think roof replacements, elevator upgrades, etc.).

But here’s the deal—your HOA must be transparent about these costs. They can’t just raise fees on a whim without proper notice. If you feel like fees are being increased unfairly, request financial records and challenge any unexplained charges.

6. Your Right to Rent Your Unit (with Conditions)

Thinking of turning your condo into an income property? Sounds like a great idea, but check the rules first. Most condos regulate short-term rentals (like Airbnb) or limit the number of units that can be rented out at any given time.

What You Need to Know Before Renting Out Your Condo:

✔️ Some buildings completely prohibit short-term rentals.
✔️ Others may require approval from the condo board before you lease your unit.
✔️ Tenants must follow all condo rules—meaning if they break a regulation, you could be the one facing fines.

Always review your association’s bylaws before listing your unit for rent to avoid costly penalties.

7. Your Right to File Complaints & Resolve Disputes

Let’s be real—conflicts happen. Whether it’s noisy neighbors, unfair fines, or disputes over maintenance, you have the right to resolve issues through proper channels.

Steps to Take if You Have a Dispute:

1. Address the Issue Directly – A polite conversation with your neighbor or the condo board can sometimes resolve things quickly.
2. File a Formal Complaint – If the issue persists, submit a written complaint to your HOA.
3. Attend a Mediation or Hearing – Many condos offer mediation sessions before escalating legal action.
4. Legal Action as a Last Resort – If your rights continue to be ignored, you may need to take legal steps to enforce them.

The condo board works for you, and if they aren’t upholding their responsibilities, you don’t have to accept it quietly.

8. Your Right to Sell Your Condo Without Unreasonable Restrictions

At some point, you may decide to sell your condo, and when that time comes, you need to know your rights.

What the HOA Can Require:

- Approval of potential buyers (to ensure they meet community standards).
- Payment of outstanding fees before closing the sale.
- Compliance with move-out policies to prevent property damage.

What the HOA Can’t Do:

- Restrict you from selling your unit altogether.
- Impose excessive fees beyond what’s outlined in the bylaws.
- Discriminate against buyers based on race, gender, or other protected categories.

If you ever feel your condo board is making it unnecessarily difficult for you to sell your unit, review the governing documents and take appropriate action.

Final Thoughts

Owning a condo comes with responsibilities, but it also comes with important rights that protect you as a homeowner. Whether it’s ensuring fair fees, maintaining privacy, or having a say in community decisions, understanding these rights can make all the difference in how smoothly your condo ownership experience goes.

At the end of the day, knowledge is power. The more aware you are of your rights, the better you can navigate potential challenges and truly enjoy the benefits of condo living.