Can a condo management company limit use of a public pool to5 people per unit and they must live in unit or have to pay fee?

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Can a condo management company limit use of a public pool to5 people per unit and they must live in unit or have to pay fee?

Condo management has made rule. Only 5people per unit can use public pool for free. And these five people must live in condo. I live in a condo by myself. Does that mean if a friend wants to use pool I must pay even if he is only number 2 from my unit and next door they have 5 people using pool? Is that discrimination?

Asked on January 24, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If the condo management has the authority to set rules for facilities use--which they probably do--and there is nothing in the condo, etc. agreements which guarantees you certain rights to or use of the pool, they can do this. You can and should check all the relevant documents governing your condo to see what they can and can't do, and what rights you may have. There is nothing inherently illegal about this, so it depends on their authority and your contractual rights.

2) The law does not make it illegal to "discriminate" against people who are not residents of a building or complex in terms of facilities access, so pool use can be restricted to residents.


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