Condominium and Cooperative Law in New York
Cooperatives and condominium developments are examples of arrangements recognized as "common interest communities."
These residential communities are composed of a single piece of land, occupied by one or more buildings, each of which contains more than one housing unit. The units are owned or leased by the individuals who live in them, but the buildings themselves, and the land they sit on, are owned either collectively by the residents, or by some third party. The residents are responsible for the upkeep of the buildings and the common areas of the property (walkways, lawns, swimming pools, etc.). To that end, they normally pay a periodic fee to cover maintenance.
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 covers 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 West Seneca, New York
Numerous West Seneca, 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.
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.
The owner or manager of the property on which your unit sits will likely have a considerable number of regulations concerning what can be done in and around the housing units. These rules will likely concern cleanliness, noise, and policies governing the presence of pets and long-term guests.
Some rules set by property owners or managers may not be enforceable, however. For instance, in West Seneca, 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 West Seneca, New York Attorney Help?
If you have problems with your landlord, your homeowners association, or a neighbor, a seasoned West Seneca, New York real estate lawyer may prove invaluable.