| The Condominium
Property Act, the declaration and bylaws, and the board's rules
and regulations that relate to the use of the individual units
or the common elements govern over any person leasing a unit, or
occupying the unit as a tenant.
By operation of law, any lease of a condominium unit automatically
incorporates the provisions of the governing documents. The
unit owner is required to deliver to the board a copy of
the signed lease (or a memorandum of an oral lease), not
later than the date of occupancy or 10 days after the lease
is signed, whichever occurs first.
The board may exercise its rights and remedies directly
against the unit owner or against the tenant, or may proceed
jointly against the tenant and the unit owner, including
an action to enjoin a tenant from occupying a unit or an
order of possession to evict a tenant. The procedure for
bringing this type of action is complex and the board should
retain competent counsel before proceeding. |