The Super Bowl is fast approaching and most football fans are looking forward to a great game.  For many condominium associations located near MetLife Stadium, where the Super Bowl will be held on February 2, 2014, it won’t be over soon enough.  Why so?  There have been reports of unit owners renting (and tenants subleasing) their units on a short-term basis during Super Bowl, some for thousands of dollars a day.  The majority of these short term tenants will not be any trouble and will fly under the association’s radar.  However, a short term tenant that has no ties to the building or the unit owner may not be interested in association rules; combining that with football, drinking, and winning (or losing) fans has the potential for disturbances and property damage.

If your condo permits short term rentals, allows the provision of hotel services, or does not care about security, property damage, and loud parties, read no further.  But if these are not permitted and you do care what happens to your building during Super Bowl, it’s time to make a plan.

First, read the use restrictions and leasing restrictions in the association’s master deed and any rules and regulations adopted by the association.  Usually rentals of less than 180 days and the provision of hotel services are prohibited.  Unit owners who lease their units may be required to submit a written lease that references the governing documents in some way.  There may be fees required for leasing. 

Most importantly, you will need to tell unit owners that these restrictions and policies exist and will be enforced during Super Bowl.  Tell them in many different ways (email blast, phone blast, sign by the mailboxes, etc.) and tell them often.  If the association is permitted to fine, make sure unit owners know about the fine.  Some associations have a fixed fine amount but if yours can be any amount, set the fine amount so that it fits the violation. 

Consider establishing new rules and regulations that will address potential concerns with these short term rentals.  It may be worthwhile to hire additional staff during this time period to check access cards at the gym, parking lot, and other facilities.  You may want a security guard on site to handle noise complaints and any complicated situations. 

There is still time to hold a special meeting of the board at which new policies are adopted and to give notice to unit owners of these policies.  If your condominium association needs help in interpreting the leasing requirements or in adopting rules to get ready for Super Bowl, please contact us.