Condominium and Cooperative Law in California

Condominiums and cooperatives are forms of "common interest" communities.

These are communities in which each resident rents or owns a residential unit. The residential units are part of a larger building, or complex of buildings, which are owned by another entity, such as a corporation or association. The residents are accountable for the upkeep of common areas, such as lawns and walkways. Rather than personally tending to these things, residents usually pay a fee that covers these necessities.

If you simply look at a condominium or cooperative community, you likely won't be able to tell if it's one or the other.

The major 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 inhabitants, not purchased.

Laws and Regulations Concerning Common Interest Communities in Lincoln, California

There are a huge number of laws in Lincoln, 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 procedures 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 controlling condominiums or cooperatives.

The land that common interest communities occupy is usually 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 usually 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.

This authority, however, has limits. There are some rules which landowners cannot impose. Most obviously, they can't bar people from renting or buying units based on their race, religion, or national origin in Lincoln, California. This conduct is illegal under state and federal law, and can result in grave civil penalties.

Can a Lincoln, California Attorney Help?

If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an experienced real estate attorney in Lincoln, California will be able to help.