Condominium and Cooperative Law in Nebraska
Cooperatives and condominium developments are examples of arrangements recognized as "common interest communities."
They are communities where each individual or family resident rents or owns an unit which is part of a larger building, containing other, similar, residential units. The residents are accountable responsible for the maintenance of the common areas of their living areas, such as gardens, walkways, lawns, and swimming pools. They normally meet this responsibility by paying a monthly fee to support this maintenance.
If you just look at one of these communities, you won't be able to tell whether it's a cooperative or a condominium community.
The major difference is that, in condominium communities, the units are purchased and owned by their residents, and they also collectively own the common areas of the development. In a cooperative community, the land and buildings in which the housing units are owned by a single corporation or association. The individual units are rented by the inhabitants, not purchased.
Laws and Regulations Concerning Common Interest Communities in Omaha, Nebraska
While there are a lot of Omaha, Nebraska laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Rather, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.
In general, the procedures of the landowner or management board will have a much greater impact on the daily lives and conduct of residents than any state or local laws controlling condominiums or cooperatives.
The land that common interest communities occupy is normally private property. Therefore, the owners of the property are free to make certain rules governing what is and isn't allowed on it. A good manager or owner will normally make every effort to strike a balance between residents' freedom to do what they want in their homes, and the rights of their neighbors to a safe, clean, and reasonably quiet living space.
The enforceability of some of these rules may depend on Omaha, Nebraska's laws controlling relations between landlords and tenants.
Can a Omaha, Nebraska Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Omaha, Nebraska, a seasoned real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.