Common Area

An association’s common area is defined under Civil Code Section 4095(a) to mean “the entire common interest development except the separate interests therein.” Because the structure of the separate interests (the real property owned separately by the individual homeowners) depends upon the form of the common interest development (CID), different forms of CIDs will have different scopes and types of common area. The table below illustrates the typical common areas within a condominium project as compared to common areas within a planned development:

Condominium Project Planned Development
In condominium projects, every component of the CID is common area except for the improvements located within the interior, unfinished surfaces of a condominium’s perimeter walls, floors and ceilings. (See “Airspace Condominiums.”) The association’s common areas will often include:

  • The condominium building (the physical structure housing the condominiums), as well as the lot the condominium building sits on
  • Carports and/or parking spaces or lots
  • Electrical systems (except for the outlets located within the interior of a condominium)
  • Elevators
  • Fitness Center
  • Hallways
  • HVAC systems
  • Landscaping
  • Plumbing systems (except for the outlets located within the interior of a condominium)
  • Roofs & Windows
  • Stairways
  • Swimming pools
  • Utility lines/components that service the common areas
In planned developments (or “PUDs”), owners typically own their houses as well as the lots or parcels upon which their houses are placed. The association’s common areas will often include:

  • Clubhouses
  • Equestrian facilities
  • Entrance/Exit gates
  • Fencing/Walls around the perimeter of the development
  • Golf course
  • Greenbelts
  • Hiking trails
  • Lakes
  • Sidewalks
  • Streets within the development that are not public streets
  • Swimming pools
  • Tennis courts
  • Utility lines/components that service the common areas

Impact on Maintenance Responsibilities
Whether a particular area or component is “common area” impacts the extent of the association’s responsibilities to maintain, repair and replace that area or component. (See “Maintenance Responsibilities (Generally)” and “Common Area Maintenance.”)

Exclusive Use Common Area
A subset of common area is “exclusive use common area”—a portion of common area designated under the association’s CC&Rs for the exclusive use of a particular owner. (Civ. Code § 4145; See also “Exclusive Use Common Area.”) Exclusive use common areas are more prevalent in condominium projects where the owner of an airspace condominium unit is given the exclusive use of a patio, balcony, deck, etc. that is located outside the boundaries of the owner’s unit. Whether an area or component is classified as exclusive use common area also impacts the extent of the association’s responsibilities to maintain, repair, and replace that area or component. (See “Exclusive Use Common Area Maintenance.”)

Granting Exclusive Use of Common Area
Subject to certain limited exceptions, an association’s board of directors may not legally grant an owner the exclusive use of any portion of common area without approval of the association’s membership. (See “Granting Exclusive Use of Common Area.”)

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