ABA Family Legal Guide

Home Ownership

Shared Ownership: Condos and Condominiums

What kind of restrictions can be imposed in common-interest communities?

The extent of restrictions imposed on owners varies. In a planned community of freestanding houses, rules may be limited to preserving the quality and cohesiveness of the development by requiring approval of any architectural or other exterior changes. Condominiums and cooperatives tend to have much more extensive rules and regulations, because generally people are living much closer together and often in the same building.

Mid-rise and high-rise condominiums rely on the concept of the airspace block. The title to a single-family house or town house often includes the land underneath it and the air above it, but if you own a high-rise apartment, there are other owners above and below. So you hold title, in effect, to a block of airspace--within four walls, a ceiling, and a floor.

Within that airspace block, you may alter or remove nonsupporting walls, replace the light fixtures, change the carpet however you wish, and make other changes that don't infringe on your neighbors' property rights. On the other hand, you are responsible for the maintenance and repair of paint, wallpaper, fixtures, and appliances, except for wires and pipes running through your walls that serve other units. Sometimes people accustomed to rental apartments are surprised to learn that their condominium building manager isn't responsible for fixing their hot-water heater or a blocked toilet.