Condominium and Cooperative Law in Texas

Co-ops and condo communities are forms of "common interest communities."

These residential communities are composed of a single piece of land, occupied by one or more buildings, each of which contains more than one housing unit. The units are owned or leased by the people who live in them, but the buildings themselves, and the land they sit on, are owned either collectively by the residents, or by some third party. The residents are responsible for the upkeep of the buildings and the common areas of the property (walkways, lawns, swimming pools, etc.). To that end, they usually pay a periodic fee to cover maintenance.

Just looking at the physical structure of a condominium or cooperative community, it would be nearly impossible to tell which is which.

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 usually 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 Schertz, Texas

While there are a lot of Schertz, Texas laws that will affect the residents and owners of condominium and cooperative communities, there are few that are actually specific to such communities. Instead, they are mostly governed by laws of more general application, such as contract law, zoning laws, and landlord/tenant law.

Generally, 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 usually 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 usually 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 Schertz, Texas which govern landlords and tenants.

Can a Schertz, Texas Attorney Help?

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