Definition:
Common elements are spaces or areas that are collectively owned and utilised by multiple individuals, such as condominium residents or building tenants. These areas are under the control and upkeep of the landlord or management, but are accessible and usable by all residents or tenants. Examples of common elements include shared hallways, elevators, and outdoor spaces.
Common elements are areas or properties that are owned and used by multiple individuals or tenants. They can be found in condominiums, subdivisions, or planned-unit developments. For instance, in a condominium, common elements may consist of the lobby, hallways, elevators, and recreational facilities that are accessible to all residents. In a planned-unit development, common elements may include parks, playgrounds, and other shared outdoor spaces. These examples demonstrate that common elements are shared areas controlled and managed by the landlord or property owner. While tenants have access to these areas, they are not allowed to make any changes or modifications without the landlord’s or property owner’s permission.
Common elements refer to the shared areas and facilities within a community, such as swimming pools, parking lots, common hallways, and recreational areas.
Typically, the responsibility for maintaining and repairing common elements lies with the homeowners association or condominium association. The association collects fees from the residents to cover these expenses.
In most cases, common elements cannot be modified or altered by individual homeowners without the approval of the homeowners association or condominium association. Any changes to common elements usually require a formal process and may involve a vote by the association members.
Homeowners are generally not held personally liable for accidents or injuries that occur on common elements. The homeowners association or condominium association typically carries insurance to cover such incidents.
The use of common elements for commercial purposes is usually restricted. Homeowners associations and condominium associations typically have rules and regulations in place that govern the use of common elements and may prohibit commercial activities.
Common elements cannot be sold or transferred to individual homeowners. They remain the collective property of the homeowners association or condominium association.
Yes, homeowners can be assessed additional fees for maintenance or repairs of common elements. These fees are typically determined by the homeowners association or condominium association and are collected to cover the costs associated with maintaining and repairing common elements.
Homeowners have the right to dispute decisions made by the homeowners association regarding common elements. This can usually be done through a formal dispute resolution process outlined in the association’s governing documents.
In some cases, homeowners may be allowed to make improvements to common elements at their own expense, but this usually requires approval from the homeowners association or condominium association. The association may have specific guidelines and restrictions in place for such improvements.
Homeowners generally cannot opt-out of paying fees for the maintenance of common elements. These fees are typically mandatory and are necessary to ensure the proper upkeep and functioning of the shared areas and facilities within the community.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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