In most residential settings, a backyard isn’t a common area unless it’s shared with multiple owners or controlled by an HOA or condo association.
What counts as a common area?
Common areas are shared spaces in a property that all owners or tenants can access.
These spots are usually owned collectively and maintained by the property association or landlord. Think hallways, stairwells, elevators, laundry rooms, gyms, and parking lots—essentially anything designed for everyone in the building or community. According to California Civil Code Section 4095(a), a common area is “the entire common interest development except the separate interests therein.”
What’s an outdoor common area?
An outdoor common area is any shared, non-enclosed space on the property for residents to use.
That includes parking lots, walkways, exterior staircases, landscaping, playgrounds, and community gardens. The HOA or property management keeps these in good shape to ensure safety and accessibility for all. The IRS even recognizes these as part of the collective property in residential developments.
Which spaces usually fall under common areas?
Common areas typically include hallways, sidewalks, parking lots, community pools, laundry facilities, lobbies, elevators, and recreational areas.
The exact list depends on the property type and its governing documents. In apartment buildings, you’ll often find outdoor spaces like courtyards, rooftops, and mailroom areas included. HOAs might also cover stormwater systems, roads, and shared amenities. The California Department of Real Estate has clear guidance on what qualifies as a common area in residential developments.
What’s an exclusive common area?
An exclusive common area is a shared space that only one or a few owners can use, even though it’s still part of the common property.
Take a condo balcony, for example. It’s attached to the unit and only that owner can access it, but legally it’s still common property owned by the association. The CC&Rs (Covenants, Conditions, and Restrictions) spell out these designations. California law backs this up in Civil Code § 4145(a).
Is a bathroom ever a common area?
A bathroom is only a common area if it’s in a shared lobby or hallway and accessible to everyone.
Private bathrooms inside individual units? Those are off-limits to everyone else. But public restrooms in lobbies, parking structures, or community centers? Definitely common areas. Property management or the HOA usually handles their upkeep. As HOA legal guidelines point out, only shared facilities fall under common area responsibility.
How does an HOA define common areas?
In an HOA, common areas include all shared spaces in the development except for individual owner units.
That covers land, structures, and amenities used by all residents. According to Civil Code Section 4095(a), the HOA handles maintenance for these areas. Think streets, parks, pools, clubhouses, and landscaping. The California Department of Real Estate confirms this definition in its official resources.
What’s a common area in a residential society?
In residential societies, common areas are shared spaces available to all residents and managed under the society’s bylaws.
That could mean gardens, playgrounds, parking lots, pools, or clubhouses. The society’s management committee usually takes care of upkeep. The Real Estate Regulatory Authority in many regions classifies these as part of the collective property in gated communities and apartment complexes.
What counts as common areas in apartments?
Common areas in apartments usually include hallways, elevators, stairwells, lobbies, parking lots, and recreational facilities.
All tenants share these spaces, and the landlord or property management maintains them. Lease agreements and building rules govern their use. Bigger complexes might also include mailrooms, fitness centers, or outdoor seating areas. The U.S. Department of Housing and Urban Development sets standards for apartment common areas.
Who handles common area maintenance?
The HOA or property management association usually takes care of common area upkeep, unless the documents say otherwise.
That means fixing shared structures, landscaping, lighting, and recreational facilities. Individual owners typically handle their own units and any exclusive-use common areas. The National Association of Realtors points out that governing documents outline these responsibilities.
What’s an exclusive use by-law?
An exclusive use by-law gives one owner the sole right to use a portion of common property.
It doesn’t transfer ownership—just exclusive access rights. A balcony attached to a condo unit, for example, might be designated for that owner’s use only. These by-laws are in the CC&Rs and must follow state laws. The California Department of Real Estate offers templates and guidelines for these provisions.
Is an exclusive use area still common property?
Yes, an exclusive use area is still common property even though only one owner can use it.
It’s collectively owned by the association but reserved for a specific unit. Owners may need to maintain these areas, but they can’t alter or sell them separately. The California Department of Real Estate confirms these areas are part of the common interest development.
What exactly is exclusive use common property?
Exclusive use common property refers to shared areas reserved for one unit owner’s use, even though the whole association owns them.
Balconies, patios, or storage lockers attached to individual units are classic examples. The owner can use and maintain the space but can’t modify or sell it separately. The California Department of Real Estate defines this under Civil Code provisions.
What spaces count as common areas in condos?
In condos, common areas include the building structure, land, parking spaces, recreational facilities, hallways, elevators, and shared mechanical systems.
All unit owners collectively own these spaces through the condo association. Individual units are separately owned. The Condo Owners Association has detailed lists of common area types in condominium developments. Think rooftops, fitness centers, or HVAC systems serving multiple units.
Can builders sell off common areas?
No, builders can’t sell common areas—they’re collectively owned by residents or the HOA.
These areas are part of the property’s common interest and must stay available for shared use. Most state laws and HOA documents prohibit selling or privatizing them. Buyers should check the CC&Rs and subdivision maps to confirm which spaces are shared. The Consumer Financial Protection Bureau recommends verifying common area designations before purchasing.
What’s a common area agreement?
A common area agreement sets the rules for using and maintaining shared spaces in a rental property.
It explains how tenants can access and use common areas like lobbies, hallways, gyms, and parking lots. Tenants agree to follow posted rules and regulations, and the agreement is usually part of the lease or rental contract. The Nolo Legal Encyclopedia has templates and explanations for these agreements in rental properties.
