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 typically 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 because there are no defining physical characteristics which are unique to one type of cooperative community, but not the other. The important 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 Santa Clara, California
Santa Clara, California likely has several laws and regulations concerning common interest communities. However, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.
Your day-to-day life in a common interest community will probablyy be impacted more by the rules set by the owner or manager of the property, rather than any local or state laws.
The manager or owner of the land on which your residence is located will probably have a lot of rules concerning what can and cannot be done in and near the houses. These rules typically mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.
Some rules set by property owners or managers may not be enforceable, however. For example, in Santa Clara, California, any rule which purports to exclude residents based on race, color, national origin, or religion will not be valid. There are likely some others, as well.
Can a Santa Clara, California Attorney Help?
If you are involved in an argument with your neighbor, in conflict with a zoning regulation, or in a dispute with your landlord, a knowledgeable Santa Clara, California real estate attorney can help you prevail.
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