San Jose Condo and Co-op Lawyers

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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 normally 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.

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 San Jose, California

San Jose, California likely has numerous laws and regulations concerning common interest communities. Nonetheless, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.

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 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 San Jose, 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 San Jose, 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 accomplished real estate attorney in San Jose, California will be able to help.

Talk to a Real Estate Law Attorney now!

Life in San Jose

San Jose, California is a large city filled with families, universities, young professionals trying to make it in the Silicon Valley, and a diverse population! Some of San Jose's most visited attractions are the Children's Discovery Museum, Happy Hollow Park and Zoo, the HP Pavilion Center, the Tech Museum, San Jose Museum of Art, History Park, Winchester Mystery House, J. Lohr Winery, and Plaza de Cesar Chavez Park.

San Jose is also filled with great dining areas such as Santana Row, and great shopping with many malls such as Westfield's Valley Fair and Oakridge Shopping Centers. San Jose is also home to the Silicon Valley, an area that gave birth to companies such as Apple and Google, and a great place for small start-ups. Therefore, there is something for every type of professional in Silicon Valley.

To serve the Silicon Valley's legal needs, many law firms have office locations located in, or near, San Jose. These firms house some of the sharpest legal minds in the country. All in all, no legal need goes unattended in San Jose, California.

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