Common areas law: what does it consist of?

Common areas belong to all owners equally, as does the physical and financial responsibility for maintaining them.

Landlords have an irrevocable right to enter a common area for reasonable hours for maintenance or repair purposes, as long as such work meets the regulations of the Apartment Act.

A common area cannot be divided between owners — no one should have more control over one common area than another.

Joint ownership attached to a common portion can be inherited by entering into a lease or an act with all the relevant registration documents.

No one can change the purpose of a commonly used area without first talking to the other owners and agreeing on a result.

If one of the co-owners does not pay their share for the common areas, the others can collectively file a lawsuit against them.

1 — What counts as a common area?

In essence, a common area is any part of a building or complex that is not owned by a particular resident. From the front door to the air vents to the parking lot: many different parts of a shared complex are considered common areas.

The following areas fall under the specifications of the Apartment Act and the Real Estate Act as common areas.

Community and commercial facilities

Gyms, cafes, shops, kitchens, or pools are examples of common areas of commercial facilities that the owner should keep in a respective condition. In fully commercial community facilities such as a mall, public restrooms and other health facilities are also included.

Entrances, exits, fire escapes and stairwells

Even limited common areas such as a door or stairwell are protected by regulatory and development law. Emergency exits are particularly important common areas. They affect not only the integrity of the building, but also the safety of its residents.

2 — Common terraces, basements, roofs and open spaces

All spaces that are open to everyone who lives in the building or project are common areas. Examples include car parks, play areas, elevator lobbies, gardens, and communal storage areas.

Staff accommodations or workspaces

If an apartment complex has service staff or security guards, for example, who have a dedicated space inside the property or on the land where they live, eat, or work, it's considered a communal space. Additionally, hosting a property manager or community service staff (which is provided by the apartment owners) is also a shared space and a shared responsibility.

Central service facilities

Services installed for common use are also considered common areas, as they do not belong to a single person. Air conditioning, water tanks, electricity, plumbing, plumbing, water conservation, or renewable energy systems all fall under common domain case law.

These systems, the devices connected to them, and the work associated with the installation are collective responsibility.

Any other portion of land or property for common use

The entire land is considered a common space until the completion of the entire real estate project: since there is reason to access full ownership during this particular phase of real estate development.

What responsibilities do landlords, apartment owners, and property managers have in common areas?

As a landlord, it's essential to understand your rights and responsibilities, as well as those of your tenants. Common areas can make or break a complex, so it's in a manager's best interest to take care of it effectively. Financially wise, it can get complicated when fees occur, which is why knowing the law is essential.

3 — Maintenance of common areas

According to apartment law, the builder is responsible for maintaining the property until an association of assignees comes into play and takes over. Although it is the responsibility of all tenants to maintain any common area in good condition, the responsibility lies with the person in charge of the management structure: whether it is a landlord, a landlord, or an apartment association.

In a subdivision or a set of apartments, each individual owner is partly responsible for the maintenance costs of the common areas. If the apartment is rented, the person who lives there must bear the cost, but a landlord cannot charge their tenant differently based on these costs. However, the owner maintains control over the effective maintenance of any common areas and central services.

The costs of maintaining the common areas of commercial properties (shopping centers, for example) are the sole responsibility of the owner.

Pest control services

One of the main things an apartment owner must do under landlord/tenant law is to provide pest control services in the event of an escape or infestation in a common area.

4 — Organization of administrative burdens relating to the common area

If more than one person in a cooperative residential establishment is responsible for the costs of maintaining the common areas, the property manager or whoever is in charge of the overall management structure should organize all costs and ensure that everyone makes payments.

Control and maintenance of common entrances

The entrances and exits of a building or apartment complex are the most used common areas of all, with numerous visitors, renters, owners, and others passing by every day. A property owner or manager must guarantee the quality and level of these areas. Failure to do so may result in complaints, damage, and safety issues.

It is also the responsibility of the owners or owners to ensure that security services (if applicable) are hired and paid for. This is especially important for gated communities or exclusive real estate projects.

5 — Why common areas are important for all tenants

Common spaces have the power to transform an apartment complex or a building. The addition of a park makes a space more pleasant for young families, the in-house laundromats make a difference for those who don't have private facilities, and the entrances set the tone for the whole thing.

When a property has good quality common areas, people are interested in living there, which means landlords and landlords can charge a bit more rent, within reason.

Conclusion

The term “common area” comes up a lot among building owners and managers, but it can be confusing to know what this general term includes. If it is used by everyone and benefits everyone, it is probably a common part.

Compliance with the terms of the law and regulations on apartments is the duty of every owner and owner, and common areas are just as important as private housing.