Q&A: Boyfriend Move-In

Q I have lived in a condo for the past three years. I am planning on having my boyfriend move in with me in a few months. Are there any rules or regulations that will prevent that from happening within my condo?

—Sublettor in Red Bank

A “It is extremely unlikely that the condominium association would be permitted to restrict the writer from allowing her boyfriend to live in her condominium unit,” says Donald M. Onorato, Esq., an attorney based in Hackensack. “While I have not reviewed the governing documents which would apply in this matter including the master deed, bylaws and rules & regulations, if such a restriction, rule or regulation was in place, which I find unlikely, in my opinion it would be discriminatory and generally not enforceable by the courts. This occurs because the association treats unit owners differently.

“As an example, if the writer were married and only she held title to her unit, the association would not be able to prevent her husband from living in the unit. Many times spouses for estate planning purposes or liability reasons transfer title of assets from both spouses into one spouse’s name. A restriction governing occupancy of units may be in existence with respect to cooperative apartments, but then again, a corporation cannot restrict occupancy by a roommate or fiancée, unless the situation were such that the roommate were more a tenant of the owner than a roommate and ‘leasing’ a portion of the unit. Therefore, under the circumstances presented, it is unlikely that rules or regulations exist that would prevent the letter writer’s boyfriend from occupying her unit.”

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