Areas around a condominium such as a swimming pool and laundry room are known as:
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An association’s common area is defined under
Civil Code Section 4095(a) to mean “the entire common interest development except the separate interests therein.” Because the structure of the separate interests (the real property owned separately by the individual homeowners) depends upon the
form of the common interest development (CID), different forms of CIDs will have different scopes and types of common area. The table below illustrates the typical common areas within a condominium project as compared to common areas within a planned development: Impact on Maintenance Responsibilities Exclusive Use Common Area Granting Exclusive Use of Common Area What Is a Limited Common Element?The term limited common element refers to an aspect of a condominium unit or complex that is considered to be the property of the community or homeowners association (HOA) rather than that of the tenant. Limited common elements may be found within or outside individual condo units. Although they are deemed common, their use is limited to the occupant of the unit. Examples include balconies, (shared) outdoor space such as patios and terraces, and parking lots and garages. Understanding Limited Common ElementsLimited common elements are defined as any aspects of a shared condominium complex that are part of a unit, but are not considered to be the sole property of the owner or tenant. Limited common elements may include things that are directly connected to individual condominiums such as outer doors, windows, and balconies. They may also include amenities which service every community resident equally such as driveways, garages, elevators, clubhouses, swimming pools, and boat slips. Essentially, although these features may be used by individual owners and occupants, they are ultimately owned by the community as a whole. Declaration documents lay out what classifies as limited common elements. Declaration documents are provided to unit owners when they purchase a condo. They specify the aspects and amenities that are considered limited common elements, as well as outline which parts of the property belong to the condominium owner. The declaration also delineates the responsibilities of the unit owner regarding maintenance, repair, and replacement of limited common elements. Maintenance of limited common elements usually remains the responsibility of the HOA unless otherwise specified in the declaration. Much of this is paid for through the collection of monthly condominium fees from unit owners. In cases where the declaration does not specify, it is generally assumed that the responsibility of maintaining those elements remains with the community association. As in all such cases, it's important to get the advice of a legal authority when there is any doubt. Key Takeaways
Special ConsiderationsLaws and regulations that govern condominiums and similarly planned communities—including the ways they regulate common elements—vary from state to state. Although many states have adopted similar legislation, there are some jurisdictions that do not allow for the implementation of such legislation. The Uniform Condominium Act (UCA) was established in 1980 to create and govern condominium associations. Fourteen states have passed this act into law, including Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and West Virginia. The Uniform Common Interest Ownership Act (UCIOA) was created in 1982 as a set of state-wide regulations for managing condominiums, planned communities, and real estate cooperatives. Five states enacted these regulations in 1982, including Alaska, Colorado, Minnesota, Nevada, and West Virginia. Revisions to the UCIOA were adopted by Connecticut, Delaware, Vermont, and Washington in subsequent years. Pennsylvania passed the Uniform Planned Community Act (UPCA), which governs the creation and management of planned communities. Virginia passed the Uniform Real Estate Cooperative Act (MRECA) as a companion to the UCA in order to govern the creation, financing, and management of real estate cooperatives. Limited Common Elements vs. Common ElementsAlthough they may be used by people who live in the complex, amenities that are not found in individual units are called common elements. These elements remain the sole responsibility of the condo corporation or the HOA, whether that's repairing, maintaining, or replacing them in their entirety. Examples of common elements include pipes, electrical systems, heating and air conditioning systems, walkways, security systems, lighting in common hallways, lobbies, garbage and recycling areas, and others. What are the parts of a condominium?The floor, ceiling, sidewalks, stairwells, and exterior areas are all part of the common ownership of the condo. One common type of condominium is a residential high-rise that provides housing for several different families.
What is the common area of a condo?In Texas and other parts of the United States, it is "An area inside a housing development owned by all residents or by an overall management structure which charges each tenant for maintenance and upkeep." Common areas often exist in apartments, gated communities, condominiums, cooperatives and shopping malls.
Which of the following are the two types of condominium common areas?The two most common forms of common interest developments in California are Condominiums and Planned Developments, often referred to as PUDs.
What is defined as a common area?A common area is some shared space or amenity between unit owners or shareholders of a common interest development (CID). In housing CIDs, common areas can include things such as yard space, a basketball court, pool, laundry room, or a mail room.
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