Condominium and Cooperative Law in California

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 usually meet this responsibility by paying a monthly fee to support this maintenance.

Merely viewing one of these communities from the outside (or inside) will not let you know whether it's a cooperative or condominium community.

The basic difference is that, in condominium communities, the units are purchased and owned by their residents, and they also collectively own the common areas of the development. In a cooperative community, the land and buildings in which the housing units are owned by a single corporation or association. The individual units are rented by the residents, not purchased.

Laws and Regulations Concerning Common Interest Communities in Barstow, California

There are a large number of laws in Barstow, California that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Instead, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.

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 owner or manager of the property on which your unit sits will likely have a significant 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 Barstow, California, 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 Barstow, California Attorney Help?

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