ABA Family Legal Guide

Home Ownership

Shared Ownership: Condos and Condominiums

What is a common-interest community?

Thanks to creative developers, we have common-interest communities in a variety of configurations, with a confusing array of names and forms of ownership. Still, certain characteristics are shared—they are designed specifically for a certain type of community living by a single developer (or in the case of existing buildings, a single converter). They are created by a specific set of documents, usually drawn up by the developer and subject to change by the membership. And when the developer or converter departs, the community's affairs are governed by an association of all unit owners through its elected board.

The board has the authority to enforce the restrictions and collect assessments to pay for maintenance and improvements. This is the essential characteristic of a common-interest community—the obligation to pay for the insurance, maintenance taxes, and upkeep of property other than the individually owned portion of the community. It is a financial relationship, and most of the relevant laws regulate the fairness and power to exercise that relationship.

There are some communities that are subject to covenants for architectural control or for the restriction of uses of open space without the obligation to contribute money. Strictly speaking, these are not common-interest communities.