What is the name of your state (only U.S. law)? NV
Section 8.04 of the CC&R's document for a Condotel states the following:
Each Guest Suite, by acceptance of a deed to a Guest Suite, whether or not it shall be so expressed in such deed, is deemed to covenat and agree to pay to the Hotel Owner the fees set forth herein. If a Guest Suite owners chooses not to enter into a rental agreement with Hotel Operator for Transient Use of such unit, but subsequently permits Transients Use of such Owner's Unit, such Owner shall pay the sum of $750 per month ("Transient Rental Fee") to Hotel Owner to compensate Hotel Owner for the Hotel Services provided by the Hotel Owner to such owner's guests. Hotel services include, without limitation, access to fitness center, front desk services, message services, door and bell cpatain and valet services, dry cleaning and related serivces, and daily newspapers. The Transient Rental Fee shall be paid the first of each month Transient Use is permitted by the Guest Suite Owner, regardless of how long such Transient Use occurs w/in any particular month. The Transient rental fee may be adjusted by Hotel Owner in Hotel Owner's sole discretion upon thirty (30) days notice to Guest Suite Owners.
It has been asserted by a unit owner at this Condotel that this provision in the CC&R's is illegal. He has claimed that an attorney has told him that it is illegal in NV for any condotel unit owner to be penailzed financially for not renting their unit. Similarliy, they can not be penalized for renting on their own or through the rental company of their choce. Do you agree that this provision of the CC&Rs is illegal?
Section 8.04 of the CC&R's document for a Condotel states the following:
Each Guest Suite, by acceptance of a deed to a Guest Suite, whether or not it shall be so expressed in such deed, is deemed to covenat and agree to pay to the Hotel Owner the fees set forth herein. If a Guest Suite owners chooses not to enter into a rental agreement with Hotel Operator for Transient Use of such unit, but subsequently permits Transients Use of such Owner's Unit, such Owner shall pay the sum of $750 per month ("Transient Rental Fee") to Hotel Owner to compensate Hotel Owner for the Hotel Services provided by the Hotel Owner to such owner's guests. Hotel services include, without limitation, access to fitness center, front desk services, message services, door and bell cpatain and valet services, dry cleaning and related serivces, and daily newspapers. The Transient Rental Fee shall be paid the first of each month Transient Use is permitted by the Guest Suite Owner, regardless of how long such Transient Use occurs w/in any particular month. The Transient rental fee may be adjusted by Hotel Owner in Hotel Owner's sole discretion upon thirty (30) days notice to Guest Suite Owners.
It has been asserted by a unit owner at this Condotel that this provision in the CC&R's is illegal. He has claimed that an attorney has told him that it is illegal in NV for any condotel unit owner to be penailzed financially for not renting their unit. Similarliy, they can not be penalized for renting on their own or through the rental company of their choce. Do you agree that this provision of the CC&Rs is illegal?
