Condominium and Cooperative Law in Indiana
Cooperatives and condominiums are forms of "common interest" communities.
This is a type of community in which the individual residents rent or own residential units in a building, or collection of buildings, but are collectively accountable for taking maintaining the common areas in their communities, such as lawns, gardens, swimming pools, and the like. This responsibility is normally taken care of by charging the residents a periodic maintenance fee, to pay for the upkeep of the common areas.
If you just look at one of these communities, you won't be able to tell whether it's a cooperative or a condominium community.
This is because there are no physical characteristics that can precisely distinguish one from the other. The general 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 Marion County, Indiana
While there are a lot of Marion County, Indiana laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Rather, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.
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.
Because the land they occupy is normally private property, it is the owners of this property who make most of the rules that will affect your daily conduct. A responsible manager will normally make rules designed to balance your right to live as you please in your own residence, with the right your neighbors have to a clean, safe, and quiet living environment.
Some of these rules, however, may not be enforceable, if push came to shove. This would depend on the particular laws of Marion County, Indiana which control landlords and tenants.
Can a Marion County, Indiana Attorney Help?
If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an accomplished real estate attorney in Marion County, Indiana will be able to help.