Condominium and Cooperative Law in North Carolina

Cooperatives and condominium developments are examples of arrangements recognized as "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 accountable for taking maintaining the common areas in their communities, such as lawns, gardens, swimming pools, and the like. This responsibility is normally taken care of by charging the residents a periodic maintenance fee, to pay for the upkeep of the common areas.

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 Fuquay Varina, North Carolina

Fuquay Varina, North Carolina likely has numerous laws and regulations concerning common interest communities. Nonetheless, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.

One's 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 regulations of your state or city.

Because the land they occupy is normally 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 normally 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 Fuquay Varina, North Carolina, 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 Fuquay Varina, North Carolina Attorney Help?

If you have problems with your landlord, your homeowners association, or a neighbor, a seasoned Fuquay Varina, North Carolina real estate lawyer may prove invaluable.