Subject: LAW

2. For the past year, Jack, a unit owner in a condominium building, has been frequently renting out his apartment for short term Airbnb rentals. Three years ago, the board of directors of the condominium adopted a rule stating that the minimum rental period for any unit must not be less than three (3) months. The rule further states that unit owners who fail to comply can be fined $100 per day for each day the unit has been rented. After being given numerous written warnings and an opportunity to cure, the condominium association brings a proceeding to evict Jack from his unit.

a. Will the condominium association succeed in evicting Jack? Why or why not? If not, what other steps could they take to get rid of Jack? (10 points)

b. If the declaration for the condominium says that each unit owner can rent their unit as they see fit, is the rule still valid. Why or why not? (5 Points)

c. If this was a coop, would the coop board succeed in evicting Jack? Why or why not? (5 points)