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.

Merely viewing one of these communities from the outside (or inside) will not let you discern whether it's a cooperative or condominium community.

This is because there are no physical characteristics that can precisely distinguish one from the other. The major difference lies in the legal ownership arrangement. In a condominium community, the units are actually owned by the residents. The residents also collectively own the common areas, holding joint title to it. In a cooperative community, the buildings and land which make up the houses are owned by a single entity, and the individual units are often rented rather than owned by the residents.

Laws and Regulations Concerning Common Interest Communities in Harris County, Texas

Harris County, Texas likely has numerous laws and regulations concerning common interest communities. Nonetheless, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.

Typically, 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 land that common interest communities occupy is normally private property. Therefore, the owners of the property are free to make certain rules governing what is and isn't allowed on it. A good manager or owner will normally make every effort to strike a balance between residents' freedom to do what they want in their homes, and the rights of their neighbors to a safe, clean, and reasonably quiet living space.

Some of these rules, however, may not be enforceable, if push came to shove. This would depend on the particular laws of Harris County, Texas which control landlords and tenants.

Can a Harris County, Texas Attorney Help?

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