Condominium and Cooperative Law in North Carolina
Cooperatives and condominium developments are examples of arrangements known 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 responsible for taking maintaining the common areas in their communities, such as lawns, gardens, swimming pools, and the like. This responsibility is usually 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 know whether it's a cooperative or condominium community.
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 Jacksonville, North Carolina
Many Jacksonville, North Carolina laws affect common-interest communities. However, almost all of these laws govern real estate more generally, and there are very few laws written specifically for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.
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.
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.
Some rules set by property owners or managers may not be enforceable, however. For example, in Jacksonville, North Carolina, 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 Jacksonville, North Carolina Attorney Help?
If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an experienced real estate attorney in Jacksonville, North Carolina will be able to help.