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.
There are no physical features unique to either one, which can be used to distinguish them. Rather, the difference lies in the legal arrangement that governs the relationships between the residents and managers. In condominium communities, the residents own the units they live in, and collectively own the land and buildings in which they are located. In a cooperative community, the units are rented, and are owned by a single entity.
Laws and Regulations Concerning Common Interest Communities in New Bern, North Carolina
There are many laws in New Bern, North Carolina that might be applicable to common interest communities. But most of these laws are not unique to common-interest communities. Rather, they usually concern zoning, land use, and contract law, which are applicable to most other types of real estate, as well.
Your day-to-day life in a common interest community will probablyy be impacted more by the rules set by the owner or manager of the property, rather than any local or state laws.
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 New Bern, 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 New Bern, North Carolina Attorney Help?
If you have a dispute with a neighbor, your landlord, or your homeowners' association, a good New Bern, North Carolina real estate attorney can be instrumental in obtaining a desired outcome.