Legal Areas Affecting Apartment Law: What You Need to Know

As a real estate agent or appraiser, you’ll encounter apartment law alongside other legal fields like rental law, neighbor law, and administrative law. How do these interact, and why is it essential to understand their impact?

Key Legal Areas and Their Influence

1. Rental Law
   1. Governs the rights and obligations of tenants and landlords.
   1. Example: Tenants have legal protection even if the apartment’s ownership changes.
2. Neighbor Law
   1. Covers the rights and responsibilities between neighboring property owners, such as noise or privacy issues.
   1. Example: An owner cannot modify a shared wall without the neighbor’s consent.
3. Administrative Law
   1. Regulates permits and zoning, including building divisions into apartment rights.
   1. Example: Some municipalities require a permit before a building can be divided.
4. Corporate Law
   1. Since an HOA is legally a form of association, many rules fall under corporate law.
   1. Example: HOA bylaws dictate how meetings are organized.

Why is this important for agents?

• Understanding regulations: Agents must know which laws apply to provide accurate information to clients.
• Identifying issues: Disputes over rentals, neighbors, or permits can affect a sale.

Practical Tips

• Always inquire about ongoing legal disputes during sales or appraisals.
• Verify that required permits, such as division permits, are in place.