Common areas are key parts of any building; after all, they affect community life and entail rights and obligations that it is important to be aware of.
A penthouse with a view or a ground-floor apartment with a garden? A house with a patio surrounded by nature or a charming apartment in a new neighborhood in a big city? Choosing your future home is a decision influenced by many factors, but beyond location, price, square footage, or design, evaluating the common areas of a homeowners’ association is one of the key aspects to consider when buying a home.
The issue is even more relevant when we consider that the coronavirus pandemic has changed our housing preferences. According to the Real Estate Registry Statistics, interest in single-family homes has increased relative to multi-unit housing, driven by the rise of remote work and the health crisis. In recent months, there has also been an increase in “the level of demand regarding housing livability, primarily with respect to interior space and outdoor areas.”
From this perspective, common areas in condominium communities—and even common areas in single-family housing developments—have become, for many, key factors in deciding whether or not to make a purchase. But what exactly are the common areas of a building? What or who establishes the rules for using common areas in a homeowners’ association?
In this guide, we provide you with all the key information you need to understand in detail what the Condominium Law and the Civil Code say on this subject, as well as the characteristics of the common areas in any homeowners’ association.
What are the common areas in homeowners’ associations?
Landscaped areas
Living surrounded by nature is incredibly evocative, but not everyone has the opportunity (or the desire) to retreat to the countryside. However, there’s no reason to give up the benefits of a natural environment when choosing a multi-family home. Gardens add value to the design of any common area in a community, providing the perfect setting to feel like you’re outdoors without ever leaving home.
Swimming pool
In the absence of a beach, swimming pools are one of the best ways to beat the summer heat, and the prospect of having such facilities as part of a homeowners’ association’s common areas sounds very appealing. Many buildings also feature pools suited for different age groups and even sunbathing areas, providing a five-star living experience for young and old alike.
Children’s Area
While it is true that age is not a limiting factor when it comes to enjoying a building’s common areas, children are the ones who tend to enjoy these private spaces the most. So much so that having a playground for young children within the development itself is an added attraction for families. These types of facilities not only foster neighborly relationships but also provide families with a peaceful space in a safe environment for their little ones to enjoy.
Sports courts
Sports are gaining popularity, and more and more people are committed to incorporating healthy lifestyle habits into their daily routines. Perhaps that’s why it’s becoming increasingly common to include sports courts among the common areas in a residential community. Padel, basketball, soccer… There are even residential developments that include fitness centers or gyms among their common areas. There’s no excuse not to get in shape!
Multipurpose Rooms
Beyond facilities designed for outdoor enjoyment, some developments include multipurpose spaces in the form of covered rooms. Can you imagine having a coworking space at your disposal without ever leaving your residential complex? Or being able to host a birthday party in the community’s multipurpose room? How about hosting a movie night with your neighbors? There are many options, and at Culmia, we’re constantly innovating to meet all kinds of needs with the common areas in our homes.
Condominium Law
While it is true that the pool, landscaped areas, and playgrounds are obvious examples of what anyone would consider common areas in homeowners’ associations, the term as defined in the Civil Code is actually even broader. According to the law, this definition covers all elements necessary for the use and enjoyment of the property, and this category includes everything from the ground to the roofs, as well as facades, the entrance, staircases, concierges, hallways, and courtyards…. This is no trivial matter; among other things, these elements are key to determining the difference between a property’s usable area and its gross floor area.
The reason is that, as established by the Condominium Law: “Each apartment or commercial unit shall be assigned a share of ownership based on the total value of the property, expressed in hundredths thereof. This share shall serve as the basis for determining participation in the expenses and benefits of the community.”
Rules for Using Common Areas in a Homeowners’ Association
All the details regarding the preservation, use, and maintenance of common areas in a condominium are set forth in the Civil Code and the Condominium Act itself. However, although the current legal framework does not establish specific regulations in this regard, it does set out common criteria for use. Article 394 of the Civil Code, for example, establishes that each co-owner “may use the common areas, provided that they use them in accordance with their intended purpose and in a manner that does not harm the interests of the community or prevent the other co-owners from using them in accordance with their rights.”
For its part, Article 7.2 of the Condominium Law also sets forth certain general criteria, stating: “The owner and occupant of an apartment or commercial space are not permitted to carry out, within that space or the rest of the building, any activities prohibited by the bylaws, that are harmful to the property, or that violate the general provisions regarding activities that are disruptive, unsanitary, harmful, dangerous, or illegal.”
In any case, the rules governing the use of common areas in a homeowners’ association must be set forth in the association’s bylaws. Generally, these rules impose restrictions on use aimed at ensuring that quiet hours are respected, establishing guidelines for the care of common areas, or setting rules regarding pets—all of which, if not followed, can lead to conflicts among the community’s residents.
