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 a 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 typically 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.
This is because there are no defining physical characteristics which are unique to one type of cooperative community, but not the other. The important differences aren't embodied in physical characteristics, but in the legal ownership arrangement governing the communities: in a condominium community, the residents own the units they live in. In a cooperative community, the units are rented.
Laws and Regulations Concerning Common Interest Communities in Phoenix, Arizona
There are many laws in Phoenix, Arizona 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 owner or manager of the property on which your unit sits will likely have a substantial number of regulations concerning what can be done in and around the housing units. These rules will likely concern cleanliness, noise, and policies governing the presence of pets and long-term guests.
The authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Phoenix, Arizona, 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 Phoenix, Arizona Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Phoenix, Arizona, a knowledgeable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.