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.

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

The major difference is that, in condominium communities, the units are purchased and owned by their residents, and they also collectively own the common areas of the development. In a cooperative community, the land and buildings in which the housing units are owned by a single corporation or association. The individual units are rented by the inhabitants, not purchased.

Laws and Regulations Concerning Common Interest Communities in Malverne, New York

Numerous Malverne, 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.

In general, the procedures 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 controlling condominiums or cooperatives.

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.

The enforceability of some of these rules may depend on Malverne, New York's laws controlling relations between landlords and tenants.

Can a Malverne, New York Attorney Help?

If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Malverne, New York, a reliable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.