Condominium and Cooperative Law in Delaware

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 normally pay a fee that covers these necessities.

Merely viewing one of these communities from the outside (or inside) will not let you know whether it's a cooperative or condominium community.

This is because there are no physical characteristics that can clearly distinguish one from the other. The basic difference lies in the legal ownership arrangement. In a condominium community, the units are actually owned by the residents. The residents also collectively own the common areas, holding joint title to it. In a cooperative community, the buildings and land which make up the houses are owned by a single entity, and the individual units are often rented rather than owned by the residents.

Laws and Regulations Concerning Common Interest Communities in Sussex County, Delaware

There are a large number of laws in Sussex County, Delaware that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Rather, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.

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 owner or manager of the property on which your unit sits will likely have a considerable number of regulations concerning what can be done in and around the housing units. These rules will likely concern cleanliness, noise, and policies governing the presence of pets and long-term guests.

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 Sussex County, Delaware. This conduct is illegal under state and federal law, and can result in severe civil penalties.

Can a Sussex County, Delaware Attorney Help?

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