Condominium and Cooperative Law in Tennessee

Co-ops and condo communities are forms 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 accountable 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.

Just 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 type of business association.

Laws and Regulations Concerning Common Interest Communities in Greenbrier, Tennessee

There are numerous laws in Greenbrier, 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.

One's daily life in a cooperative or condominium community is more likely to be affected by the rules set by the owners or managers of the property, rather than the regulations of your state or city.

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.

The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Greenbrier, Tennessee, 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 Greenbrier, Tennessee 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 reputable Greenbrier, Tennessee real estate attorney can help you prevail.