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.
Merely viewing one of these communities from the outside (or inside) will not let you know whether it's a cooperative or condominium community.
The basic 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 Frisco, Texas
There are a large number of laws in Frisco, Texas that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Alternatively, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.
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.
The land on which these communities sit is private property, so the owners have substantial leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules usually 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 authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Frisco, 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 Frisco, Texas Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Frisco, Texas, a knowledgeable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.