Condominium and Cooperative Law in Arizona
Condominiums and cooperatives are forms 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 accountable 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 just 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 distinct to one type of cooperative community, but not the other. The significant 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 Scottsdale, Arizona
There are various laws in Scottsdale, 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.
Your day-to-day life in a common interest community will likelyy be impacted more by the rules set by the owner or manager of the property, rather than any local or state laws.
The land on which these communities sit is private property, so the owners have considerable leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules typically 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 rules set by property owners or managers may not be enforceable, however. For instance, in Scottsdale, Arizona, any rule which purports to exclude residents based on race, color, national origin, or religion will not be legitimate. There are likely some others, as well.
Can a Scottsdale, Arizona Attorney Help?
If you have a dispute with a neighbor, your landlord, or your homeowners' association, a seasoned Scottsdale, Arizona real estate attorney can be instrumental in obtaining a desired outcome.
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