Condominium and Cooperative Law in South Carolina

Co-ops and condo communities are types 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 responsible 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.

Merely viewing one of these communities from the outside (or inside) will not let you know whether it's a cooperative or condominium community.

The basic difference is that, in condominium communities, the units are purchased and owned by their residents, and they also collectively own the common areas of the development. In a cooperative community, the land and buildings in which the housing units are owned by a single corporation or association. The individual units are rented by the residents, not purchased.

Laws and Regulations Concerning Common Interest Communities in Lexington County, South Carolina

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

In general, the policies of the landowner or management board will have a much greater impact on the daily lives and conduct of residents than any state or local laws governing condominiums or cooperatives.

The land that common interest communities occupy is typically private property. Therefore, the owners of the property are free to make certain rules governing what is and isn't allowed on it. A good manager or owner will typically make every effort to strike a balance between residents' freedom to do what they want in their homes, and the rights of their neighbors to a safe, clean, and reasonably quiet living space.

Some rules set by property owners or managers may not be enforceable, however. For example, in Lexington County, South Carolina, any rule which purports to exclude residents based on race, color, national origin, or religion will not be valid. There are likely some others, as well.

Can a Lexington County, South Carolina Attorney Help?

If you are involved in an argument with your neighbor, in conflict with a zoning regulation, or in a dispute with your landlord, a knowledgeable Lexington County, South Carolina real estate attorney can help you prevail.