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Can Property Management Restrict Resident Access to Amenities for Special Events

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  • 10-15-2016, 01:06 PM
    Live4Keys
    Can Property Management Restrict Resident Access to Amenities for Special Events
    My question involves landlord-tenant law in the State of: Florida

    I am a tenant of a luxury apartment complex ($$$) located in the heart of a big city. Recently the leasing office has been sending out advanced notices of private events (parties) that will be held at the property during in which time the tenants will not have access to the communities amenities including the pool deck, Jacuzzi, club room, business computers, grills, and chill lounge. Usually these events occur on Saturday's 2-3 times a month which, unfortunately for the tenants, is the busiest day that these amenities are used. The property management company is basically making money off these events by renting out our community amenities to outside businesses's and non-profit organizations. There is nothing in my current lease that mentions these private events or the restriction of community amenities for any reason. There is a mixed-use amendment but my understanding is that this applies to the business's surrounding the community and deals more with the hassles of smoke, noise, etc involved with living close to them and again does not mention any events or use/restriction of community amenities. This is a newly built community with new management if that makes a difference

    The kicker to all this is the leasing office, after denying access, will then offer tickets for sale ($100) so that residents can join the private event and then regain access to their amenities during that time.

    My questions are...

    As the cost of these amenities are priced into rent, would their denial of access of community amenities be grounds for a reduction of rent or a valid reason to break out of my lease? I would estimate that they are restricted 2-3 times a month for 6 hrs or more at a time.

    Based on the response to the question above, what should my legal recourse be? This issue is effecting a large number of residents as the entire community uses these amenities

    Thanks in advance!
  • 10-15-2016, 01:31 PM
    Mr. Knowitall
    Re: Can Property Management Restrict Resident Access to Amenities for Special Events
    It is extremely unlikely that denial of access for special events, two or three days per month for about six hours each time, would be deemed to be a material breach of your lease.

    The analysis of your situation starts with a review of the lease, then moves to the detailed facts -- so it's not something we can analyze in the abstract. The affected tenants may collectively consult a real estate lawyer about their options.
  • 10-15-2016, 07:53 PM
    Live4Keys
    Re: Can Property Management Restrict Resident Access to Amenities for Special Events
    Thanks for your response!

    Although it is only 2-3 days a month for 6 hours at a time, these events are occurring on Saturday's which is the main day everyone is off of work and can actually enjoy these amenities. Say for a moment this rental property was a single-family home instead of a multi-unit dwelling and the landlord decided he was going to utilize the pool deck to throw a party for a few friends while denying the tenant access, wouldn't this be a clear breach of the lease for denial of access to the property? Even though the word amenity or pool doesn't exist in my lease documents, the property was marketed to me as a unit that includes access to an amenities deck during certain hours each day. The property manager is now changing those hours on certain days in order to allow strangers to come into the community and have large parties on the amenities deck while telling residents that these amenities will be closed to them. A discount in rent, although small, seems justified to me.

    Does this argument have any legal merit?

    Thanks!
  • 10-15-2016, 09:34 PM
    adjusterjack
    Re: Can Property Management Restrict Resident Access to Amenities for Special Events
    Why don't you and several dozen (or more) other like minded tenants just attend each event uninvited. The more the merrier. Makes sure you have copies of your leases in your pockets.

    Make it clear to management that you will use the amenities that you pay for any time you want to.

    There's strength in numbers.

    Talking about "legal rights" with strangers on the internet isn't going to get you anywhere.
  • 10-16-2016, 06:51 AM
    llworking
    Re: Can Property Management Restrict Resident Access to Amenities for Special Events
    Quote:

    Quoting Live4Keys
    View Post
    Thanks for your response!

    Although it is only 2-3 days a month for 6 hours at a time, these events are occurring on Saturday's which is the main day everyone is off of work and can actually enjoy these amenities. Say for a moment this rental property was a single-family home instead of a multi-unit dwelling and the landlord decided he was going to utilize the pool deck to throw a party for a few friends while denying the tenant access, wouldn't this be a clear breach of the lease for denial of access to the property? Even though the word amenity or pool doesn't exist in my lease documents, the property was marketed to me as a unit that includes access to an amenities deck during certain hours each day. The property manager is now changing those hours on certain days in order to allow strangers to come into the community and have large parties on the amenities deck while telling residents that these amenities will be closed to them. A discount in rent, although small, seems justified to me.

    Does this argument have any legal merit?

    Thanks!

    I think you have a valid point since the events are taking up the majority of the Saturdays. You could do what AdjusterJack stated, or you could get a consult with a local attorney, who could review your lease and see whether or not any action could be taken. You could also poll your neighbors to see how many of them would be interested in pursuing a remedy to the problem.
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