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Condominium and Cooperative Law in Alabama

Condominiums and cooperatives are types of "common interest" communities.

They are communities where each individual or family resident rents or owns a unit which is part of a larger building, containing other, similar, residential units. The residents are responsible responsible for the maintenance of the common areas of their living areas, such as gardens, walkways, lawns, and swimming pools. They usually meet this responsibility by paying a monthly fee to support this maintenance.

Simply looking at the outside (or inside, for that matter) of a condo or cooperative community, you likely can't tell which it is.

This is due to the fact that there are no visual or physical characteristics that can distinguish one from the other. All the differences between them lie in the ownership arrangements that the residents have. With a condominium, the residents usually own their housing unit, and collectively own the land on which it sits. In a cooperative, the residents rent the units, and the land is owned by a single entity, either a corporation or other form of business association.

Laws and Regulations Concerning Common Interest Communities in Clay, Alabama

While there are a lot of Clay, Alabama laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Instead, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.

In general, the policies of the landowner or management board will have a much greater impact on the daily lives and conduct of residents than any state or local laws governing condominiums or cooperatives.

The owner or manager of the property on which your unit sits will likely have a significant number of regulations concerning what can be done in and around the housing units. These rules will likely concern cleanliness, noise, and policies governing the presence of pets and long-term guests.

Some rules set by property owners or managers may not be enforceable, however. For example, in Clay, Alabama, any rule which purports to exclude residents based on race, color, national origin, or religion will not be valid. There are likely some others, as well.

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