Condominium and Cooperative Law in Maine

Cooperatives and condominiums are types of "common interest" communities.

These are residential areas with one or more buildings, each housing multiple residential units. The units are part of a larger building, which contains other residential units. In turn, there are several such buildings on the property. The units are rented or owned by the residents, but the building as a whole, and the land on which it sits, is owned either by a third party, or collectively by all the residents. The residents, in addition to mortgage or rent, normally have to pay a fee to cover maintenance of the common areas.

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

The basic difference is that, in condominium communities, the units are purchased and owned by their residents, and they also collectively own the common areas of the development. In a cooperative community, the land and buildings in which the housing units are owned by a single corporation or association. The individual units are rented by the residents, not purchased.

Laws and Regulations Concerning Common Interest Communities in Kittery, Maine

Several Kittery, Maine laws affect common-interest communities. However, almost all of these laws govern real estate more generally, and there are very few laws written specifically for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.

Typically, the rules established by the owner of the property, or the entity tasked with managing it, are going to have much more of a day-to-day effect on your life than any state laws governing these types of communities.

The manager or owner of the land on which your residence is located will probably have a lot of rules concerning what can and cannot be done in and near the houses. These rules normally mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.

This power, however, has limits. There are some rules which landowners cannot impose. Most obviously, they can't bar people from renting or buying units based on their race, religion, or national origin in Kittery, Maine. This conduct is illegal under state and federal law, and can result in severe civil penalties.

Can a Kittery, Maine Attorney Help?

If you have a dispute with a neighbor, your landlord, or your homeowners' association, a brilliant Kittery, Maine real estate attorney can be instrumental in obtaining a desired outcome.