Condominium and Cooperative Law in Ohio

Cooperatives and condominium developments are examples of arrangements identified 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 persons 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 typically pay a periodic fee to cover maintenance.

If you just look at one of these communities, you won't be able to tell whether it's a cooperative or a condominium community.

This is because there are no physical characteristics that can precisely distinguish one from the other. The general difference lies in the legal ownership arrangement. In a condominium community, the units are actually owned by the residents. The residents also collectively own the common areas, holding joint title to it. In a cooperative community, the buildings and land which make up the houses are owned by a single entity, and the individual units are often rented rather than owned by the residents.

Laws and Regulations Concerning Common Interest Communities in Troy, Ohio

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

Usually, the rules established by the owner of the property, or the entity tasked with managing it, are going to have much more of a day-to-day effect on your life than any state laws governing these types of communities.

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.

The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Troy, 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 Troy, Ohio Attorney Help?

If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an efficient real estate attorney in Troy, Ohio will be able to help.