Condominium and Cooperative Law in New Mexico

Cooperatives and condominium developments are examples of arrangements identified as "common interest communities."

These are residential areas with one or more buildings, each housing multiple residential units. The units are part of a larger building, which contains other residential units. In turn, there are several such buildings on the property. The units are rented or owned by the residents, but the building as a whole, and the land on which it sits, is owned either by a third party, or collectively by all the residents. The residents, in addition to mortgage or rent, typically have to pay a fee to cover maintenance of the common areas.

Just looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.

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 regulates 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 Portales, New Mexico

There are numerous laws in Portales, New Mexico 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.

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.

Because the land they occupy is typically 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 typically 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 enforceability of some of these rules may depend on Portales, New Mexico's laws controlling relations between landlords and tenants.

Can a Portales, New Mexico Attorney Help?

If you are involved in an argument with your neighbor, in conflict with a zoning regulation, or in a dispute with your landlord, a reliable Portales, New Mexico real estate attorney can help you prevail.