Condominium and Cooperative Law in Florida
Condominiums and cooperatives are types of "common interest" communities.
These are residential areas with one or more buildings, each housing multiple residential units. The units are part of a larger building, which contains other residential units. In turn, there are several such buildings on the property. The units are rented or owned by the residents, but the building as a whole, and the land on which it sits, is owned either by a third party, or collectively by all the residents. The residents, in addition to mortgage or rent, normally have to pay a fee to cover maintenance of the common areas.
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 South Miami, Florida
There are a large number of laws in South Miami, Florida 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.
In general, the policies 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 governing condominiums or cooperatives.
The land that common interest communities occupy is normally private property. Therefore, the owners of the property are free to make certain rules governing what is and isn't allowed on it. A good manager or owner will normally make every effort to strike a balance between residents' freedom to do what they want in their homes, and the rights of their neighbors to a safe, clean, and reasonably quiet living space.
The enforceability of some of these rules may depend on South Miami, Florida's laws governing relations between landlords and tenants.
Can a South Miami, Florida 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 brilliant South Miami, Florida real estate attorney can help you prevail.