Condominium and Cooperative Law in West Virginia

Cooperative and condominium communities are examples of a class of housing developments recognized 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 normally 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 because there are no defining physical characteristics which are unique to one type of cooperative community, but not the other. The important differences aren't embodied in physical characteristics, but in the legal ownership arrangement governing the communities: in a condominium community, the residents own the units they live in. In a cooperative community, the units are rented.

Laws and Regulations Concerning Common Interest Communities in Kanawha County, West Virginia

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

Your day-to-day life in a common interest community will probablyy be impacted more by the rules set by the owner or manager of the property, rather than any local or state laws.

The land on which these communities sit is private property, so the owners have considerable leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules typically 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.

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

Can a Kanawha County, West Virginia Attorney Help?

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