Condominium and Cooperative Law in Utah
Co-ops and condo communities are types 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.
If you simply look at a condominium or cooperative community, you probably 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 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 form of business association.
Laws and Regulations Concerning Common Interest Communities in Eagle Mountain, Utah
Eagle Mountain, Utah likely has many laws and regulations concerning common interest communities. However, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.
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 on which these communities sit is private property, so the owners have significant leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules generally 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 Eagle Mountain, Utah, 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 Eagle Mountain, Utah Attorney Help?
If you have problems with your landlord, your homeowners association, or a neighbor, a good Eagle Mountain, Utah real estate lawyer may prove invaluable.