Use of the Condominium Unit

In America, a property owner generally can use his property as he wishes, subject only to avoiding restrictions placed on it by outside forces. A condominium unit is one type of property to which such principles apply.

The restrictions generally come from: 

  • local zoning laws;
  • the condominium by-laws;
  • the condominium house rules;
  • and common sense

A discussion of specifics is beyond the scope of this section.

Obviously, a unit owner cannot open up an "OTB" (Off Track Betting) Parlor on the 15th floor of a residential condominium apartment building. This use probably is prohibited under all four of the above classes of restrictions.

Conversely, a unit owner who is an author can write a book in his apartment, even if that is a business use and even if it technically violates the condominium by-laws.

The condominium declaration, by-laws, and house rules must be consulted by an owner if any use other than garden-variety residential use is contemplated for a residential condominium.

 

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