Common Elements

Overview

Common elements are areas within a condominium or shared property that are not owned by any individual unit owner but are collectively owned by all the residents. These elements are essential for the functioning and enjoyment of the community and typically include aspects such as landscaped grounds, parking lots, recreational amenities, and the external structure of the building. Management and maintenance of these elements are usually handled by a homeowners’ association (HOA) or community association, which is supported financially by fees or dues from the unit owners.

Examples

Swimming Pool and Tennis Court: In a condominium complex, facilities like the swimming pool and tennis court are considered common elements. All residents have the right to use these facilities and share the responsibility for their upkeep.
Parking Areas: Common parking areas, which are not assigned to individual units, are used by residents and their guests. These are maintained by the association using funds collected through HOA fees.
Lobby and Hallways: In multi-story condominiums, the lobby, hallways, and elevators are common elements that all unit owners use and are responsible for maintaining as a community.

Frequently Asked Questions

Q1: What are common elements in a condominium? A1: Common elements are portions of the property in a condominium that are not owned by individual unit owners. These include shared amenities like the building structure, recreational facilities, parking areas, and landscaped grounds.

Q2: Who is responsible for maintaining common elements? A2: Maintenance of common elements is generally the responsibility of the homeowners’ association (HOA), which manages the property using funds collected from unit owners.

Q3: What fees are associated with common elements? A3: Unit owners pay HOA fees or dues that fund the maintenance and management of common elements. These fees can vary depending on the property size, amenities, and required upkeep.

Q4: Can I use all common elements as a unit owner? A4: Generally, yes. As a unit owner, you have the right to use all common elements according to the rules and restrictions outlined in the condominium bylaws.

Q5: Can common elements be modified or improved? A5: Changes to common elements usually require the approval of the homeowners’ association and sometimes a vote by the unit owners, depending on the bylaws and regulations governing the condominium.

Community Association: An organization responsible for managing and maintaining the common areas and amenities of a residential community.
HOA (Homeowners’ Association): An association in a planned residential development that makes and enforces rules for the properties and residents, including the maintenance of common elements.
CCRs (Covenants, Conditions, and Restrictions): Legal documents that dictate how common elements and individual residences can be used, often managed by the HOA.
Limited Common Elements: Portions of the common areas that are reserved for the use of specific unit(s) but still maintained by the HOA, such as balconies or assigned parking spaces.

Online Resources

Community Associations Institute (CAI) - A resource for homeowners’ association and community management.
HOA-USA - Provides information, education, and assistance to America’s homeowner associations.
National Association of Home Builders (NAHB) - Offers resources and information regarding community living and construction.

References

Community Association Institute (CAI). “Model Community Association Documents.”
HOA-USA. “Guidelines for Homeowners’ Associations.”
National Association of Home Builders (NAHB). “Community and Homeowner Association Management.”

Suggested Books for Further Studies

Guide to Homeowners’ Associations by Sandy Arledge
Condominium and Homeowner Association Practice: Community Association Law by Wayne S. Hyatt
The HOA Handbook: A Complete Guide to Homeowners Associations for HOA Board Members, Homeowners, and Property Managers by Marc A. Markel

Real Estate Basics: Common Elements Fundamentals Quiz

### Are the lobby and hallways in a condominium considered common elements? - [x] Yes - [ ] No > **Explanation:** Yes, the lobby and hallways in a condominium are considered common elements that are shared and accessed by all unit owners. They are typically maintained by the homeowners' association (HOA). ### Who usually oversees the maintenance of common elements? - [ ] Individual unit owners - [x] Homeowners' Association (HOA) - [ ] Local government - [ ] External property management companies > **Explanation:** The maintenance of common elements is generally overseen by the homeowners' association (HOA), using funds collected through HOA fees from the unit owners. ### Can common elements include recreational facilities like a swimming pool? - [x] Yes - [ ] No > **Explanation:** Yes, common elements often include recreational facilities such as swimming pools, tennis courts, and fitness centers that are available for use by all residents. ### What is a limited common element in a condominium? - [ ] Part of a unit owner's private property - [x] Common elements reserved for specific units - [ ] Government-owned property - [ ] A temporary facility > **Explanation:** Limited common elements are portions of common areas that are reserved for use by specific units, such as private balconies or assigned parking spaces, but are still maintained by the HOA. ### How are the costs for the maintenance of common elements covered? - [ ] Subsidies from local government - [x] Fees or dues collected from unit owners - [ ] Donations from residents - [ ] Funds from external investors > **Explanation:** The costs for maintaining common elements are covered by fees or dues collected from the unit owners by the homeowners' association (HOA). ### Who has access to the common elements in a condominium complex? - [x] All unit owners - [ ] Only the board members of the HOA - [ ] Exclusive members - [ ] Only residents with special access passes > **Explanation:** All unit owners have access to the common elements in a condominium complex according to the bylaws and regulations set by the homeowners' association. ### What legal documents often govern the use of common elements? - [ ] Personal agreements with each resident - [x] CCRs (Covenants, Conditions, and Restrictions) - [ ] Lease agreements - [ ] Government ordinances > **Explanation:** The use of common elements is generally governed by legal documents known as Covenants, Conditions, and Restrictions (CCRs), which are managed by the HOA. ### What happens if an individual unit owner damages a common element? - [x] The unit owner may be held financially responsible - [ ] The cost is covered by all residents - [ ] It is ignored - [ ] The government pays for the repairs > **Explanation:** If an individual unit owner damages a common element, they may be held financially responsible for the repairs as specified by the HOA's rules and regulations. ### Why might HOA fees increase periodically? - [x] To cover increased costs of maintaining common elements - [ ] Due to new residents moving in - [ ] To fund community events - [ ] To decrease property value > **Explanation:** HOA fees might increase periodically to cover the rising costs associated with maintaining common elements, as well as funding necessary repairs and improvements. ### Can unit owners vote on changes to common elements? - [x] Yes, according to the condominium bylaws - [ ] No, decisions are made exclusively by the board - [ ] Only with special permission - [ ] Changes are determined by local government > **Explanation:** Unit owners can usually vote on changes to common elements according to the condominium bylaws, which dictate the procedures for making modifications and improvements to shared areas.