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 usually 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 Johnson County, Texas

There are a huge number of laws in Johnson County, Texas that can affect condominiums and cooperatives, but few, if any, of them are unique to such common-interest communities. Instead, they're mostly governed by laws of general application, covering zoning, contracts, and landlord/tenant relations.

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.

The manager or owner of the land on which your residence is located will likely have a lot of rules concerning what can and cannot be done in and near the houses. These rules usually mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.

Some rules set by property owners or managers may not be enforceable, however. For instance, in Johnson County, Texas, any rule which purports to exclude residents based on race, color, national origin, or religion will not be legitimate. There are likely some others, as well.

Can a Johnson 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 experienced real estate attorney in Johnson County, Texas will be able to help.