Condominium and Cooperative Law in California
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.
Merely viewing one of these communities from the outside (or inside) will not let you discern whether it's a cooperative or condominium community.
There are no physical features distinct 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 Cupertino, California
There are numerous laws in Cupertino, California 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 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.
The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Cupertino, 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 Cupertino, California Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Cupertino, California, a seasoned real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.
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Accountant
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