Condominium and Cooperative Law in Minnesota
Cooperatives and condominiums are instances 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 persons 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 typically pay a periodic fee to cover maintenance.
Just looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.
This is due to the fact that there are no visual or physical characteristics that can distinguish one from the other. All the differences between them lie in the ownership arrangements that the residents have. With a condominium, the residents typically own their housing unit, and collectively own the land on which it sits. In a cooperative, the residents rent the units, and the land is owned by a single entity, either a corporation or other type of business association.
Laws and Regulations Concerning Common Interest Communities in Lake Elmo, Minnesota
While there are a lot of Lake Elmo, Minnesota 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.
The daily lives of residents, and what they are and aren't allowed to do in their residences, will be far more heavily impacted by rules and regulations that the homeowner's association, or the owner of the land, has imposed.
Because the land they occupy is typically private property, it is the owners of this property who make most of the rules that will affect your daily conduct. A responsible manager will typically make rules designed to balance your right to live as you please in your own residence, with the right your neighbors have to a clean, safe, and quiet living environment.
The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Lake Elmo, Minnesota, 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 Lake Elmo, Minnesota Attorney Help?
If you have problems with your landlord, your homeowners association, or a neighbor, a reliable Lake Elmo, Minnesota real estate lawyer may prove invaluable.