Condominium and Cooperative Law in California
Condominiums and cooperatives are types 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 responsible 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 probably won't be able to tell if it's one or the other.
This is due to the fact that there are no visual or physical characteristics that can distinguish one from the other. All the differences between them lie in the ownership arrangements that the residents have. With a condominium, the residents usually own their housing unit, and collectively own the land on which it sits. In a cooperative, the residents rent the units, and the land is owned by a single entity, either a corporation or other form of business association.
Laws and Regulations Concerning Common Interest Communities in Rancho Santa Margarita, California
While there are a lot of Rancho Santa Margarita, California laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Instead, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.
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.
Because the land they occupy is usually private property, it is the owners of this property who make most of the rules that will affect your daily conduct. A responsible manager will usually make rules designed to balance your right to live as you please in your own residence, with the right your neighbors have to a clean, safe, and quiet living environment.
This power, 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 Rancho Santa Margarita, California. This conduct is illegal under state and federal law, and can result in severe civil penalties.
Can a Rancho Santa Margarita, California Attorney Help?
If you have a dispute with a neighbor, your landlord, or your homeowners' association, a good Rancho Santa Margarita, California real estate attorney can be instrumental in obtaining a desired outcome.