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 Tulare, California

Various Tulare, California laws affect common-interest communities. However, almost all of these laws govern real estate more generally, and there are very few laws written particularly for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.

Typically, the rules established by the owner of the property, or the entity tasked with managing it, are going to have much more of a day-to-day effect on your life than any state laws governing these types of communities.

The manager or owner of the land on which your residence is located will likely have a lot of rules concerning what can and cannot be done in and near the houses. These rules normally mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.

The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Tulare, 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 Tulare, California Attorney Help?

If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Tulare, California, a seasoned real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.