Condominium and Cooperative Law in Indiana

Cooperatives and condominiums are types 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 responsible for taking maintaining the common areas in their communities, such as lawns, gardens, swimming pools, and the like. This responsibility is usually taken care of by charging the residents a periodic maintenance fee, to pay for the upkeep of the common areas.

If you simply 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 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 Winona Lake, Indiana

There are several laws in Winona Lake, Indiana that might be applicable to common interest communities. But most of these laws are not unique to common-interest communities. Rather, they usually concern zoning, land use, and contract law, which are applicable to most other types of real estate, as well.

Your day-to-day life in a common interest community will probablyy be impacted more by the rules set by the owner or manager of the property, rather than any local or state laws.

The land on which these communities sit is private property, so the owners have significant leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules generally govern things like noise levels, cleanliness, long-term guests, and pets. They are often designed with the goal of balancing residents' rights to a clean and quiet neighborhood, with their individual autonomy.

Some rules set by property owners or managers may not be enforceable, however. For example, in Winona Lake, Indiana, any rule which purports to exclude residents based on race, color, national origin, or religion will not be valid. There are likely some others, as well.

Can a Winona Lake, 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 experienced real estate attorney in Winona Lake, Indiana will be able to help.