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.

Just 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 distinct to one type of cooperative community, but not the other. The significant 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 Baldwinsville, New York

Numerous Baldwinsville, New York 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 substantial leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules usually 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 rules set by property owners or managers may not be enforceable, however. For instance, in Baldwinsville, New York, any rule which purports to exclude residents based on race, color, national origin, or religion will not be legitimate. There are likely some others, as well.

Can a Baldwinsville, New York Attorney Help?

If you have problems with your landlord, your homeowners association, or a neighbor, a reliable Baldwinsville, New York real estate lawyer may prove invaluable.