Condominium and Cooperative Law in New Jersey

Cooperatives and condominium developments are examples of arrangements known 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 usually meet this responsibility by paying a monthly fee to support this maintenance.

Merely viewing one of these communities from the outside (or inside) will not let you discern whether it's a cooperative or condominium community.

There are no physical features distinct 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 Morris Plains, New Jersey

Numerous Morris Plains, New Jersey 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.

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 of these rules, however, may not be enforceable, if push came to shove. This would depend on the particular laws of Morris Plains, New Jersey which govern landlords and tenants.

Can a Morris Plains, New Jersey 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 Morris Plains, New Jersey will be able to help.