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.

There are no physical features distinct to either one, which can be used to distinguish them. Rather, the difference lies in the legal arrangement that covers the relationships between the residents and managers. In condominium communities, the residents own the units they live in, and collectively own the land and buildings in which they are located. In a cooperative community, the units are rented, and are owned by a single entity.

Laws and Regulations Concerning Common Interest Communities in Rensselaer, Indiana

While there are a lot of Rensselaer, 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.

In general, the procedures 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 controlling condominiums or cooperatives.

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.

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

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