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.

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 Rensselear County, New York

Numerous Rensselear County, 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 manager or owner of the land on which your residence is located will likely have a lot of rules concerning what can and cannot be done in and near the houses. These rules typically mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.

Some rules set by property owners or managers may not be enforceable, however. For instance, in Rensselear County, 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 Rensselear County, New York Attorney Help?

If you have a dispute with a neighbor, your landlord, or your homeowners' association, a reliable Rensselear County, New York real estate attorney can be instrumental in obtaining a desired outcome.