Condominium and Cooperative Law in New York
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.
Simply looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.
This is because there are no defining physical characteristics which are unique to one type of cooperative community, but not the other. The important differences aren't embodied in physical characteristics, but in the legal ownership arrangement governing the communities: in a condominium community, the residents own the units they live in. In a cooperative community, the units are rented.
Laws and Regulations Concerning Common Interest Communities in Albany County, New York
There are a large number of laws in Albany County, New York that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Alternatively, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.
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 that common interest communities occupy is typically 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 typically 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.
Some of these rules, however, may not be enforceable, if push came to shove. This would depend on the specific laws of Albany County, New York which regulate landlords and tenants.
Can a Albany County, New York 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 knowledgeable Albany County, New York real estate attorney can help you prevail.