Condominium and Cooperative Law in Virginia

Cooperative and condominium communities are examples of a class of housing developments identified as "common interest communities."

This is a type of community in which the individual residents rent or own residential units in a building, or collection of buildings, but are collectively accountable for taking maintaining the common areas in their communities, such as lawns, gardens, swimming pools, and the like. This responsibility is typically taken care of by charging the residents a periodic maintenance fee, to pay for the upkeep of the common areas.

If you simply look at a condominium or cooperative community, you likely won't be able to tell if it's one or the other.

There are no physical features distinct to either one, which can be used to distinguish them. Rather, the difference lies in the legal arrangement that regulates the relationships between the residents and managers. In condominium communities, the residents own the units they live in, and collectively own the land and buildings in which they are located. In a cooperative community, the units are rented, and are owned by a single entity.

Laws and Regulations Concerning Common Interest Communities in Prince William County, Virginia

Numerous Prince William County, Virginia laws affect common-interest communities. However, almost all of these laws govern real estate more generally, and there are very few laws written particularly for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.

In general, the procedures 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 controlling condominiums or cooperatives.

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.

The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Prince William County, Virginia, 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 Prince William County, Virginia Attorney Help?

If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Prince William County, Virginia, a reliable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.