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 due to the fact that there are no visual or physical characteristics that can distinguish one from the other. All the differences between them lie in the ownership arrangements that the residents have. With a condominium, the residents usually own their housing unit, and collectively own the land on which it sits. In a cooperative, the residents rent the units, and the land is owned by a single entity, either a corporation or other form of business association.

Laws and Regulations Concerning Common Interest Communities in Farragut, Tennessee

There are several laws in Farragut, Tennessee that might be applicable to common interest communities. But most of these laws are not unique to common-interest communities. Rather, they usually concern zoning, land use, and contract law, which are applicable to most other types of real estate, as well.

Generally, 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 owner or manager of the property on which your unit sits will likely have a significant number of regulations concerning what can be done in and around the housing units. These rules will likely concern cleanliness, noise, and policies governing the presence of pets and long-term guests.

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 Farragut, Tennessee. This conduct is illegal under state and federal law, and can result in severe civil penalties.

Can a Farragut, Tennessee Attorney Help?

If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Farragut, Tennessee, a good real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.