Condominium and Cooperative Law in New Hampshire
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 responsible 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 simply look at one of these communities, you won't be able to tell whether it's a cooperative or a 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 covers 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 Concord, New Hampshire
While there are a lot of Concord, New Hampshire 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 policies 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 governing condominiums or cooperatives.
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 authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Concord, New Hampshire, 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 Concord, New Hampshire 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 accomplished real estate attorney in Concord, New Hampshire will be able to help.