Condominium and Cooperative Law in Utah
Co-ops and condo communities are forms of "common interest communities."
These residential communities are composed of a single piece of land, occupied by one or more buildings, each of which contains more than one housing unit. The units are owned or leased by the persons who live in them, but the buildings themselves, and the land they sit on, are owned either collectively by the residents, or by some third party. The residents are responsible for the upkeep of the buildings and the common areas of the property (walkways, lawns, swimming pools, etc.). To that end, they typically pay a periodic fee to cover maintenance.
Just looking at the outside (or inside, for that matter) of a condo or cooperative community, you likely can't tell which it is.
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 Provo, Utah
There are numerous laws in Provo, Utah 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.
Usually, 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 that common interest communities occupy is typically private property. Therefore, the owners of the property are free to make certain rules governing what is and isn't allowed on it. A good manager or owner will typically make every effort to strike a balance between residents' freedom to do what they want in their homes, and the rights of their neighbors to a safe, clean, and reasonably quiet living space.
This authority, 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 Provo, Utah. This conduct is illegal under state and federal law, and can result in grave civil penalties.
Can a Provo, Utah Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Provo, Utah, a reliable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.
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