Condominium and Cooperative Law in Tennessee

Co-ops and condo communities are types of "common interest communities."

These are communities in which each resident rents or owns a residential unit. The residential units are part of a larger building, or complex of buildings, which are owned by another entity, such as a corporation or association. The residents are responsible for the upkeep of common areas, such as lawns and walkways. Rather than personally tending to these things, residents usually pay a fee that covers these necessities.

Simply looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.

This is because there are no physical characteristics that can clearly distinguish one from the other. The main 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 Cleveland, Tennessee

While there are a lot of Cleveland, Tennessee laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Instead, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.

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.

Because the land they occupy is usually private property, it is the owners of this property who make most of the rules that will affect your daily conduct. A responsible manager will usually make rules designed to balance your right to live as you please in your own residence, with the right your neighbors have to a clean, safe, and quiet living environment.

This power, however, has limits. There are some rules which landowners cannot impose. Most obviously, they can't bar people from renting or buying units based on their race, religion, or national origin in Cleveland, Tennessee. This conduct is illegal under state and federal law, and can result in severe civil penalties.

Can a Cleveland, Tennessee Attorney Help?

If you have a dispute with a neighbor, your landlord, or your homeowners' association, a good Cleveland, Tennessee real estate attorney can be instrumental in obtaining a desired outcome.