Condominium and Cooperative Law in Michigan

Cooperatives and condominiums are examples of "common interest" communities.

These residential communities are composed of a single piece of land, occupied by one or more buildings, each of which contains more than one housing unit. The units are owned or leased by the individuals who live in them, but the buildings themselves, and the land they sit on, are owned either collectively by the residents, or by some third party. The residents are responsible for the upkeep of the buildings and the common areas of the property (walkways, lawns, swimming pools, etc.). To that end, they normally pay a periodic fee to cover maintenance.

Simply 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 physical characteristics that can clearly distinguish one from the other. The main 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 Utica, Michigan

There are a large number of laws in Utica, Michigan that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Rather, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.

Your daily life in a cooperative or condominium community is more likely to be affected by the rules set by the owners or managers of the property, rather than the laws of your state or city.

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.

Some rules set by property owners or managers may not be enforceable, however. For example, in Utica, Michigan, 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 Utica, Michigan Attorney Help?

If you have a dispute with a neighbor, your landlord, or your homeowners' association, a brilliant Utica, Michigan real estate attorney can be instrumental in obtaining a desired outcome.