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22 Stetson L. Rev. 1133 (1992-1993)
Limitations on the Enforceability of Condominium Rules

handle is hein.journals/stet22 and id is 1141 raw text is: LIMITATIONS ON THE ENFORCEABILITY OF CONDOMINIUM RULES Lewis A. Schiller* I. INTRODUCTION Millions of Americans today live under condominium regimes.' In 1989, there were 3,204,000 occupied condominiums, a figure which does not include seasonal or resort units.2 There has been a dramatic increase in condominium ownership over the last several years. In 1980, there were 1,707,807 occupied condominiums,3 while in 1970, there were only 370,493 occupied condominiums and cooperatives.4 The reasons for this increase in condominium ownership are primar- ily economic. Condominium units, because they are generally less ex- pensive than single family homes,5 offer the possibility of home own- ership with a lower down payment and lower monthly payments than a single family home. In addition, vacation condominiums offer the possibility of a sec- ond home at a reasonable price, and business and industrial condo- miniums offer professionals and entrepreneurs the opportunity of owning, rather than renting, space to conduct their business or pro- * Professor of Law, George Washington University, National Law Center. B.A., J.D., Uni- versity of Texas; M.A., Tufts University. Grateful acknowledgement is hereby made to Anne M. Schiller, who contributed substantially to the research for this Article. Also, the author wishes to thank Adam Lenkin, Carl Spencer Alridge II, and Jennifer A. Bensch for their research assistance in the preparation of this Article. 1. A condominium is defined as: a multiunit dwelling, each of whose residents, known as unit owners, enjoys exclusive ownership of his [or her] individual apartment or unit, holding a fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building and grounds which are used by all the residents. BALLENTINE'S LAW DICTIONARY 243 (3d ed. 1969). This Article will not deal with cooperative apartment houses. A cooperative apartment house is defined as a multiunit dwelling in which each resident has (1) an interest in the entity owning the building and (2) a lease entitling him to occupy a particular apartment within the building. Id. at 271. 2. UNITED STATES CENSUS BUREAU, AMERICAN HOUSING SURVEY FOR THE UNITED STATES - CURRENT HOUSING (1989) (Catalog No. H-150/89). 3. UNITED STATES CENSUS BUREAU, UNITED STATES SUMMARY - GENERAL HOUSING CHARAC- TERISTICS (1980) (Catalog No. HC 80-1-Al). 4. UNITED STATES CENSUS BUREAU, UNITED STATES SUMMARY - HOUSING CHARACTERISTICS FOR STATES, CITIES AND COUNTIES (1970) (Catalog No. HC 1-A). 5. In 1991, the median price of a single family home in the Washington D.C. area was $192,000; the median price of a condominium unit was $104,200. William F. Powers, Home Sales, Median Prices Drop as Local Market Slump Persists, WASH. POST, Oct. 26, 1991, at El.