Condominium and Cooperative Law in Ohio

Cooperatives and condominium developments are examples of arrangements known 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 people 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 usually pay a periodic fee to cover maintenance.

If you simply look at a condominium or cooperative community, you probably won't be able to tell if it's one or the other.

This is due to the fact that there are no visual or physical characteristics that can distinguish one from the other. All the differences between them lie in the ownership arrangements that the residents have. With a condominium, the residents usually own their housing unit, and collectively own the land on which it sits. In a cooperative, the residents rent the units, and the land is owned by a single entity, either a corporation or other form of business association.

Laws and Regulations Concerning Common Interest Communities in Montgomery County, Ohio

Montgomery County, Ohio likely has many laws and regulations concerning common interest communities. However, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.

Your 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 laws of your state or city.

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

The authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Montgomery County, Ohio, any rule which would exclude residents based on their race is completely unenforceable. Such discrimination is clearly prohibited under federal law, private property rights notwithstanding.

Can a Montgomery County, Ohio Attorney Help?

If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Montgomery County, Ohio, a good real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.