Condominium and Cooperative Law in Florida

Condominiums and cooperatives are forms 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, typically have to pay a fee to cover maintenance of the common areas.

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 Stuart, Florida

There are a huge number of laws in Stuart, Florida that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Alternatively, 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 likelyy 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 likely 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 instance, in Stuart, Florida, any rule which purports to exclude residents based on race, color, national origin, or religion will not be legitimate. There are likely some others, as well.

Can a Stuart, Florida Attorney Help?

If you have a dispute with a neighbor, your landlord, or your homeowners' association, a reliable Stuart, Florida real estate attorney can be instrumental in obtaining a desired outcome.