Condominium and Cooperative Law in New Jersey

Cooperatives and condominium developments are examples of arrangements known as "common interest communities."

They are communities where each individual or family resident rents or owns an unit which is part of a larger building, containing other, similar, residential units. The residents are accountable 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.

Merely viewing one of these communities from the outside (or inside) will not let you discern whether it's a cooperative or condominium community.

The major 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 inhabitants, not purchased.

Laws and Regulations Concerning Common Interest Communities in Belmar, New Jersey

There are numerous laws in Belmar, New Jersey 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.

Generally, 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 land on which these communities sit is private property, so the owners have significant leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules generally 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.

The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Belmar, New Jersey, any rule which would exclude residents based on their race is completely unenforceable. Such discrimination is clearly prohibited under federal law, private property rights notwithstanding.

Can a Belmar, New Jersey Attorney Help?

If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an experienced real estate attorney in Belmar, New Jersey will be able to help.