Owners in debt - Can tenants still use community facilities?

Hi

I hope someone may be able to clarify something for me. We have tenants in a property who have always paid their rent. However they have now been informed that the owner of their property is in arrears with their community fees. Apparently in this complex there are many owners in debt. The president has told them that  any owners who havent paid their fees will not be allowed to use the complex facilities and that locks will be changed and new keys only issued to those who have paid. Therefore the tenants will not be able to use these facilities. Does anyone know what the legal situation is on this? Can paying tenants be "banned" just because their owners are not up to date? These tenants have lived their for some years now. Thanks in advance.

Unfortunately i think this is right.  The tenants have no fault whatsoever but the owner has, i would recomend that the tenants write an official notification to the owner informing them of this and letting them know that they will retain money for the rental until they have sorted the matter or that they will pay for these fees with the rent money until it is covered so that they can use the communal areas. It is the owners obligation to pay for these fees and it should be in the rental contract and therefore would be breached.

Joan

I heard the opposite - that a community cannot  stop those owners who are not up to date with their community fees from using any community facilities - more's the pity... I feel sorry for tenants, but it is galling for those of us who pay on time to know that those that don't bother can still use the pool etc, which they haven't paid for!

Hi,  Owners of homes who have not paid their community fees cannot be prevented from using the facilities, as far as I am aware it is illegal to lock home owners or tenants out of community facilities. In our community we also have home owners who are in debt but we are in the process of taking them to court, and we were informed by the administrator that we cannot prevent these people from using any of the facilities, so I think as tenants you are in the same position as the non paying owner and should be able to use the facilities.  Makes you wonder though, why when you pay your rent your owner cannot pay his community fees.

Thanks for all the advice. The main problem for the tenants in this case concerns the laundry room. The property is very small and did not come fitted with a washing machine. (non of the properties had them). The complex has an on site laundry room which obviously they use and this is what they are now being told they cannot use. They are not bothered about the pool or gym, just the laundry room. We would really like to know if they do or do not have a right to use it legally. Thanks again

It deoends on what it has been agreed by owners in the statutes.