Kentucky Residency ?

[trikepapa]

What is the name of your state? Kentucky
If I own a condo and a private home both in the same county in the state, what determines which is my residence?What is the name of your state?

[ceara19]

Originally Posted by trikepapa

What is the name of your state? Kentucky
If I own a condo and a private home both in the same county in the state, what determines which is my residence?What is the name of your state?

The one you live in the majority of the time would be your residence.

[trikepapa]

Here is the situation: When I purchased the condo 5 years ago, the ssociation bylaws stated that property amenities (exercise room and pool) could be used by only the "owners". More recently, the bylaws have been amended to state that the ameniies can only be used by the "resident". My wife and I reside "primarily" at our home in the same county as our condo, while our ault son stays or "resides" at our condo. I pay the mortgage and condo association fees and no rental agreement exists between us and our son. The condo association has sent us a letter demanding that my wife stop using the amenities. She uses the exercise room for 1.5 hours daily and we visit the pool occasionally with our grand children in the summer. Our adult son, (not the one with the children), does use the pool and exercise room, very infrequently. Can the association legally stop us from using the amenities?

[LindaP777]

What are the ramifications if you disregard the letter and continue to use the facilities? Can they "fine" you? Would they take you to court to get an injunction to stop you from using the facilities? I would assume there are locks on everything, so they could change the locks (however your son, the resident, would have to be given a key).

I keep thinking it, so I'll say it - Why do they even care if you use the facilities???

[PghREA]

Your son is the "resident". Defination: 1. somebody living in place: a permanent or long-term dweller in a place.

You are the "owner". Defination: somebody owning something: somebody who owns something.



Just because you own the property and let your son live there rent free does not make you a resident of the property,

[acmb05]

Originally Posted by LindaP777

What are the ramifications if you disregard the letter and continue to use the facilities? Can they "fine" you? Would they take you to court to get an injunction to stop you from using the facilities? I would assume there are locks on everything, so they could change the locks (however your son, the resident, would have to be given a key).

I keep thinking it, so I'll say it - Why do they even care if you use the facilities???

Probably because they dont want every Joe Shmo off the street using the facilities that are for the people who actually live in the condos.

If it states you must a be a resident to use them then you have to be a resident. They may have a lot of rentals in there now and do not want the renters AND the owners all comming in and bringing guests and such to use the facilities, which is probably why they changed it from owners to residents.

[trikepapa]

Who or what says that my wife and or I are NOT residents? What would have to be shown to validate that we ARE, which would then allow us legal use of the amenities? Any suggestions appreciated, thanks.

[BelizeBreeze]

Originally Posted by trikepapa

Can the association legally stop us from using the amenities?

Yes. any confusion on this?

[acmb05]

Originally Posted by trikepapa

Who or what says that my wife and or I are NOT residents? What would have to be shown to validate that we ARE, which would then allow us legal use of the amenities? Any suggestions appreciated, thanks.

You could move back in and have all bills transferred back into your name. They alreadu know your son is the one living there so unless you move back in then you must stop using the amenities

[Paddy Reagan]

In many states, statutes and condo declarations bar the simultaneous use of common area amenities by an owner and a tenant. A very quick review of Kentucky's Horizontial Property Law revealed no such language. Regarding use of such common facilities, the statutes do offer the following:

381.830 Ownership of unit -- Use of general common elements.
(2) Each co-owner may use the general common elements in accordance with the
purpose for which they are intended, without hindering or encroaching upon the
lawful rights of the other co-owners.

The condo documents obviously DO address the issue:

When I purchased the condo 5 years ago, the association bylaws stated that property amenities (exercise room and pool) could be used by only the "owners". More recently, the bylaws have been amended to state that the ameniies can only be used by the "resident".

My initial point of contention would address the fact that you purchased a unit under one set of rules and now are expected live with another. Traditionally, in many states but not all, existing owners are "grandfathered" when governing documents are changed. Consider challenging the validity of the board's action based on this premise.

Also, consider this: If an unrelated tenant were residing in the unit a strong argument could be made for keeping owners out of the pool and exercise room. But you OWN the unit where your son is staying and use the facilities when you visit him. Does this mean that if you lived in New York and used your Kentucky condo as a second home that you couldn't use the facilities during your seasonal visits? Are those who DO live in the building unable to bring visiting family to the pool or exercise room?

When boards pass such draconian measures, here's what really happens: Those who live in the building full time enjoy the amenities, their maintenance, and operating costs at the expense of part time residents and investor owners who are denied access.

Can the association legally stop us from using the amenities?

If you care to press the issue, maybe not. Discuss the points I've offered above with your attorney and proceed as he advises.