What laws govern condominium living?

by | Jul 5, 2013 | Real Estate

There exists a body of law that governs the way people interact with one another at West Chelsea condos and every condominium community. There are some condominium laws that are state law and there are other laws which are private. The private laws are those which have been created by the bylaws of the condo community and are only considered valid because the owner of a condo unit has agreed to abide by them and signed the contract. The private condominium laws are enforceable in a court of law as a contractual case.

In almost every state there are some condo laws which are mandated by the state government. The laws that are mandated usually have something to do with disclosures that must be made by the current owner in the event he or she wishes to sell their unit; there may be laws in some states that determine how ownership of a condominium is structured. In some states there is a form of ownership called tenants-in-common. If those people who are tenants-in-common wish to change their status to a condominium they must comply with the requirements that are set down by the state when a multi-owned property is converted into a condominium.

There actually is very little state interference in condo laws; most of the laws are private between the parties that jointly own the building. When a person purchases a unit at West Chelsea condos he will be presented a list of the condo bylaws which he must agree to and signify his agreement by signing the contract to purchase. Theses bylaws are legal and enforceable; they are mostly concerned with the common areas, how they will be treated and maintained and what can and cannot be done in them. The condo bylaws contain a clause that the owner must become a member of the home owners association and pay monthly dues which will be used by the board to maintain the building and infrastructure. The bylaws will also set forth the minimum standard that the owner must maintain for his unit, specifying what changes can and cannot be made without seeking prior approval and permission from the board.

These bylaws are enforceable under contract law that simply states that when people enter into an agreement, the court will enforce them if necessary.

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