Condominium and Cooperative Law in Texas
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 typically pay a fee that covers these necessities.
If you simply look at a condominium or cooperative community, you probably won't be able to tell if it's one or the other.
The main 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 Baytown, Texas
While there are a lot of Baytown, Texas laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Alternatively, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.
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.
Because the land they occupy is typically 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 typically 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 authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Baytown, Texas, 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 Baytown, Texas 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 Baytown, Texas real estate attorney can help you prevail.