Condominium and Cooperative Law in Massachusetts

Cooperatives and condominiums are instances 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 usually pay a fee that covers these necessities.

Merely viewing one of these communities from the outside (or inside) will not let you discern whether it's a cooperative or condominium community.

This is because there are no physical characteristics that can precisely distinguish one from the other. The major 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 Nantucket, Massachusetts

Numerous Nantucket, Massachusetts 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.

Generally, the rules established by the owner of the property, or the entity tasked with managing it, are going to have much more of a day-to-day effect on your life than any state laws governing these types of communities.

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.

The enforceability of some of these rules may depend on Nantucket, Massachusetts's laws controlling relations between landlords and tenants.

Can a Nantucket, Massachusetts Attorney Help?

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