Condominium and Cooperative Law in Kentucky
Cooperatives and condominiums are forms of "common interest" communities.
These are communities in which each resident rents or owns a residential unit. The residential units are part of a larger building, or complex of buildings, which are owned by another entity, such as a corporation or association. The residents are accountable for the upkeep of common areas, such as lawns and walkways. Rather than personally tending to these things, residents typically pay a fee that covers these necessities.
Just looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.
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 Pikeville, Kentucky
Various Pikeville, Kentucky laws affect common-interest communities. However, almost all of these laws govern real estate more generally, and there are very few laws written particularly for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.
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 substantial 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 Pikeville, Kentucky, 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 Pikeville, Kentucky Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Pikeville, Kentucky, a reliable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.