Condominium and Cooperative Law in West Virginia
Cooperative and condominium communities are examples of a class of housing developments known as "common interest communities."
They are communities where each individual or family resident rents or owns an unit which is part of a larger building, containing other, similar, residential units. The residents are responsible responsible for the maintenance of the common areas of their living areas, such as gardens, walkways, lawns, and swimming pools. They usually meet this responsibility by paying a monthly fee to support this maintenance.
Simply 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 form of business association.
Laws and Regulations Concerning Common Interest Communities in Buckhannon, West Virginia
There are several laws in Buckhannon, West Virginia that might be applicable to common interest communities. But most of these laws are not unique to common-interest communities. Rather, they usually concern zoning, land use, and contract law, which are applicable to most other types of real estate, as well.
Your 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 laws of your state or city.
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 rules set by property owners or managers may not be enforceable, however. For example, in Buckhannon, West Virginia, any rule which purports to exclude residents based on race, color, national origin, or religion will not be valid. There are likely some others, as well.
Can a Buckhannon, West Virginia Attorney Help?
If you have problems with your landlord, your homeowners association, or a neighbor, a good Buckhannon, West Virginia real estate lawyer may prove invaluable.