Condominium and Cooperative Law in South Carolina
Co-ops and condo communities are forms of "common interest communities."
They are communities where each individual or family resident rents or owns an unit which is part of a larger building, containing other, similar, residential units. The residents are accountable responsible for the maintenance of the common areas of their living areas, such as gardens, walkways, lawns, and swimming pools. They typically meet this responsibility by paying a monthly fee to support this maintenance.
Just looking at the outside (or inside, for that matter) of a condo or cooperative community, you likely can't tell which it is.
This is because there are no defining physical characteristics which are distinct to one type of cooperative community, but not the other. The significant differences aren't embodied in physical characteristics, but in the legal ownership arrangement governing the communities: in a condominium community, the residents own the units they live in. In a cooperative community, the units are rented.
Laws and Regulations Concerning Common Interest Communities in Clemson, South Carolina
Numerous Clemson, South Carolina 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.
The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Clemson, South Carolina, 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 Clemson, South Carolina Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Clemson, South Carolina, a reliable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.