Condominium and Cooperative Law in Ohio

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.

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 Willoughby, Ohio

There are a huge number of laws in Willoughby, Ohio that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Rather, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.

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 land on which these communities sit is private property, so the owners have considerable leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules typically 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.

Some rules set by property owners or managers may not be enforceable, however. For instance, in Willoughby, Ohio, 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 Willoughby, 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 accomplished real estate attorney in Willoughby, Ohio will be able to help.