The Lincolnshire Condominium

Beacon Services, Inc.

Move In Policy Legal Opinion.

Question:

On another topic, the building has a move in policy.  The policy does not define what a move actually is.  If a furnished rental is rented to a party in compliance with the minimal lease terms, and they bring some personal items in boxes, but no furniture, can I safely state that when the occupant of the unit leaves, that the change in occupancy is considered a move?  Or is there a flaw in that the term move should be defined to remove any ambiguity?

Answer:

With respect to the association’s “move in/out” policy, I think it safe to state a person who is relocating to a Unit, regardless whether the furniture in the Unit remains, constitutes a change in occupancy to trigger implementation of the association’s “move in/out” policy. Webster dictionary defines “Move” to “change one’s residence or place of business.”  However, the only such “move in/out” policy I located in the condo documents as at para 30 of the Rules and Regulations that states that:

“Any Unit Owner desiring to move in or out of a Unit must schedule such move with the Trustees at a mutually convenient time.”

This Rule certainly seems fair to minimize disruption to all of the other unit owners and residents of the building and should apply to both the move in and move out activities.   Please note that this Rule does not explicitly state that the move in/out requirement applies to the Unit Owner’s occupants or residents, and it should so state.