Condominium and Cooperative Law in Massachusetts
Cooperatives and condominiums are examples of "common interest" communities.
These are communities in which each resident rents or owns a residential unit. The residential units are part of a larger building, or complex of buildings, which are owned by another entity, such as a corporation or association. The residents are responsible for the upkeep of common areas, such as lawns and walkways. Rather than personally tending to these things, residents typically pay a fee that covers these necessities.
Merely viewing one of these communities from the outside (or inside) will not let you know whether it's a cooperative or condominium community.
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 typically 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 Somerville, Massachusetts
There are many laws in Somerville, Massachusetts that might be applicable to common interest communities. But most of these laws are not unique to common-interest communities. Rather, they usually concern zoning, land use, and contract law, which are applicable to most other types of real estate, as well.
The daily lives of residents, and what they are and aren't allowed to do in their residences, will be far more heavily impacted by rules and regulations that the homeowner's association, or the owner of the land, has imposed.
The land on which these communities sit is private property, so the owners have substantial leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules usually govern things like noise levels, cleanliness, long-term guests, and pets. They are often designed with the goal of balancing residents' rights to a clean and quiet neighborhood, with their individual autonomy.
Some rules set by property owners or managers may not be enforceable, however. For example, in Somerville, Massachusetts, 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.
Can a Somerville, Massachusetts Attorney Help?
If you have a dispute with a neighbor, your landlord, or your homeowners' association, a knowledgeable Somerville, Massachusetts real estate attorney can be instrumental in obtaining a desired outcome.
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