Condominium and Cooperative Law in Texas
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 normally pay a fee that covers these necessities.
If you simply look at a condominium or cooperative community, you likely won't be able to tell if it's one or the other.
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 normally 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 Cameron County, Texas
There are a huge number of laws in Cameron County, Texas that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Rather, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.
In general, the procedures 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 controlling condominiums or cooperatives.
The land on which these communities sit is private property, so the owners have considerable leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules typically govern things like noise levels, cleanliness, long-term guests, and pets. They are often designed with the goal of balancing residents' rights to a clean and quiet neighborhood, with their individual autonomy.
The power of landowners is limited, however, and there are some rules that cannot be given legal effect. For example, in Cameron County, 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 Cameron County, Texas Attorney Help?
If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an accomplished real estate attorney in Cameron County, Texas will be able to help.