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 accountable 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 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 Lexington, North Carolina
Numerous Lexington, 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 particularly for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.
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.
The manager or owner of the land on which your residence is located will likely have a lot of rules concerning what can and cannot be done in and near the houses. These rules usually mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.
The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Lexington, 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 Lexington, 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 Lexington, North Carolina will be able to help.