Mixed-Use Communities: The Residential Tenant's Perspective

Mixed-use communities provide an attractive housing option to tenants seeking alternatives to traditional family homes and condominiums. Due to the proximity of commercial establishments, a symbiotic relationship exists between the residential tenants and the commercial tenants. For the commercial tenants, the residential tenants are a captive audience and strong consumer base. For residential tenants, there are several unique advantages of co-existing with commercial tenants, such as instant access to shopping and restaurants. Despite the attraction and convenience, there are special considerations that potential residential tenants should weigh prior to becoming members of a mixed-use community. Specifically, before committing to membership in a mixed-use community, potential tenants should carefully review the terms contained in the community's declaration of protective covenants, conditions, restrictions, and easements (herein referred to as the 'declarations'). The following is an enumeration of significant considerations that should be examined when reviewing the declarations.