Condominium and Cooperative Law in Arizona
Condominiums and cooperatives are types of "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 normally meet this responsibility by paying a monthly fee to support this maintenance.
If you simply look at one of these communities, you won't be able to tell whether it's a cooperative or a condominium community.
There are no physical features unique to either one, which can be used to distinguish them. Rather, the difference lies in the legal arrangement that covers 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 Colorado, Arizona
While there are a lot of Colorado, Arizona laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Rather, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.
In general, the policies 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 governing condominiums or cooperatives.
The land that common interest communities occupy is normally 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 normally 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.
The enforceability of some of these rules may depend on Colorado, Arizona's laws governing relations between landlords and tenants.
Can a Colorado, Arizona Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Colorado, Arizona, a brilliant real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.