Legal Definitions - common elements

Common elements refer to those parts of a multi-unit property, such as a condominium, cooperative, or planned community, that are not owned individually by a single unit owner but are instead owned collectively by all unit owners. These areas are designated for the shared use, benefit, and enjoyment of all residents or occupants. They typically include structural components, utilities, and amenities that serve the entire property rather than just one specific unit.

• Example 1: A High-Rise Condominium Building

  Imagine a high-rise condominium building in a bustling city. While each apartment unit is privately owned, the building's main lobby, the elevators, the hallways on every floor, the shared fitness center, and the rooftop terrace are all considered common elements.

  Explanation: These areas are not part of any individual apartment's deed; instead, they are jointly owned by all condominium unit owners. Every owner has the right to use them, and all owners contribute to their maintenance and upkeep through homeowner association (HOA) fees, ensuring these shared spaces benefit the entire community.

• Example 2: A Suburban Planned Community

  Consider a suburban housing development governed by a homeowner's association. Each house and its private yard are individually owned. However, the community park with a playground, the swimming pool, the clubhouse, and the private roads within the development are common elements.

  Explanation: No single homeowner owns the park or the pool; these facilities are owned by the HOA on behalf of all residents. They are maintained using funds collected from all homeowners, ensuring everyone can enjoy these shared amenities and that the community's infrastructure is well-maintained.

• Example 3: A Commercial Office Building with Multiple Owners

  In a commercial office building where different businesses own their individual office suites, the main entrance lobby, the shared restrooms on each floor, the stairwells, the building's exterior walls, and the central heating and air conditioning systems are common elements.

  Explanation: While each business owns its specific office space, the structural integrity of the building, the shared access points, and essential utilities are collectively owned and managed by the building's association or management company. All suite owners contribute to their upkeep, as these elements are crucial for the functioning and accessibility of the entire building.