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COMMON AREA - CONDOMINIUMS

The common areas of condominiums and planned developments differ significantly. In condominium developments, everything is owned in common except the air space of the individual units and any improvements to that air space (hardwood floors, carpet, paint on the walls, etc.). Condominiums are typically stacked in structures that generally range from 3 stories to 30 stories but can be found in townhouse style condominiums and in mobilehome parks.

Common areas in condominium developments usually include the following:

  • the lot, i.e., the dirt the development sits on
  • the buildings (the entire physical structure)
  • plumbing lines
  • heating and air conditioning systems
  • electrical systems
  • windows
  • roofs
  • hallways and stairs
  • elevators
  • swimming pools
  • tennis courts
  • carports
  • parking lots
  • landscaping

See common area definition in the Davis-Stirling Act at Civil Code § 4095(a). There is a subset of common areas called exclusive use common areas. Maintenance responsibilities for exclusive use common areas are often assigned to owners but may vary from association to association depending on their governing documents.

Planned Developments. See common area for planned developments.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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