Cooperatives, Condominiums, and Zoning Flashcards
What are cooperatives?
Title to and and buildings is held by a corp that leases individual apartments to shareholders. Direct restraints on alienation of individual interests are valid here.
What are condominiums?
Each owner owns the interior of the unit and an undivided interest in the exterior and common areas. Unit ownership = fee ownership and restraints on alienation invalid
What are homeowners’ associations?
Oversee the common elements of condo property (exterior, staircases, landscaping, front gate, etc). Usually a corporation or LLC. Each owner is a member and they elect the board, tasked with the property management.
Monthly fees by the owners to the HOA finance maintenance. If they are insufficient, the HOA may impose a special assessment.
Pass charters and bylaws restricting property usage – they are binding and can be enforced by members or the association.
What is zoning?
State statutes reasonably controlling the use of land for the protection for safety, morals and welfare (police power)
Limited by due process and equal protection clauses and takings clause
What is cumulative zoning?
a cumulative zoning ordinance creates hierarchies of land use. Land zoned for a particular use may be used for that use or any higher use. If noncumulative, land may only be used for the purpose established by its zoning category
When are nonconforming uses permissible?
Cannot instantly eliminate a nonconforming use existing at the time of the enactment (that nonconforming use cannot be extended or intensified in a manner constituting a substantial change/doubt here resolved against allowing the change)
Special use permits
Variances (Granted by admin action)
When is a zoning ordinance usually invalid?
Racially discriminatory, in violation of due process, beyond grant of authority, discriminatory as to a particular parcel, too restrictive, or no relation to public welfare
