Condominium and Cooperative Law in West Virginia

Cooperative and condominium communities are examples of a class of housing developments 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 responsible 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.

Simply looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.

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 usually 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 Beckley, West Virginia

There are many laws in Beckley, West Virginia 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 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.

Some of these rules, however, may not be enforceable, if push came to shove. This would depend on the specific laws of Beckley, West Virginia which govern landlords and tenants.

Can a Beckley, West Virginia Attorney Help?

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