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 typically 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 regulates 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 Rushville, Indiana

While there are a lot of Rushville, Indiana laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Alternatively, 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 land that common interest communities occupy is typically 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 typically 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.

This authority, 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 Rushville, Indiana. This conduct is illegal under state and federal law, and can result in grave civil penalties.

Can a Rushville, Indiana Attorney Help?

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