Condo Common Areas and Responsibility

image of condo common areas - poolWhat exactly do I own? You will often find new condo owners asking this question. It’s important to be able to explain (and make sure you understand yourself) what is owned by the condo owner and what belongs to everyone (also known as common areas). Defining the common areas is an important distinction for both the condo owner and the condo association. This is especially important when damages occur and it must be determined who is responsible for what.

Defining Condo Common Areas

When someone buys a condo, they don’t actually own a plot of land like a homeowner. They have ownership rights and responsibilities in two general categories. First, they own the actual condominium unit they live in. Second, they have an owning interest in the common areas. So, what exactly are the common areas? There are two ways an association can clearly define common areas and both should be used. First, the governing documents of the association should have clear and detailed descriptions of common areas and who is responsible for them. Second, each Condo Association Board should have a development map to help.

Different Types of Common Areas

There are two different types of common areas which are often found in developments. Each impacts the owners differently, so it’s important to understand the distinction.

Limited Common Areas

Limited common areas are not accessible to all condo owners. One example might be a staircase or shared patio. While you share this area, it’s only with one or two fellow condo owners.

General Common Areas

General common areas are not limited to a group of any particular units. They are available for the use of all condo owners. Some common examples would be:

  • Common pool
  • Community park
  • Common clubhouse

Insurance Implications

It is a standard practice that the insurance of the condo association is responsible for covering any injuries that occur on common grounds. That is why it is important to be very clear as to what specifically are common grounds. Since no one person is the owner, the responsibility falls on all members of the association. It is important that association boards recognize their responsibility regarding common areas and take appropriate measures to reduce liability. Simply performing continual maintenance will eliminate many of the reasons damages occur.

As a condo association board, make sure your governing documents and maps are clear. This will save you time and money when an injury occurs or property is damaged. Additionally, you should review your current policies with an expert at H&K Insurance. Make sure to contact us with any concerns you have. Our team of insurance experts will be glad to help you through the process and answer any questions you may have.