A common area is a shared space with a useful purpose for a group of owners or residents, often found in hotels, apartments, and condos. The responsibility of maintaining it falls on the property owner, and fees may be charged to residents. Law enforcement may enter common areas without a warrant if they suspect a crime. If common areas are not maintained to a reasonable standard, legal action can be taken.
A common area is an area of property that is not owned by one person, but has a common and useful purpose for a group of owners or residents. It is most commonly associated with hotels, apartment buildings and condo complexes. It may also apply to neighborhoods that have homeowner associations that maintain certain areas for residents to enjoy. While the laws pertaining to a common area may differ somewhat by jurisdiction, it is generally up to the underlying owner of the property to maintain.
In most cases, a single landlord, partnership or trust is responsible for maintaining a common area. The area must be kept in usable condition and made reasonably safe. This may mean providing adequate lighting, drainage, and even snow and ice removal if that is a problem in the area. Therefore, the need to maintain these areas may also require an additional tax or assessment to be applied to those living in neighboring units. Condominiums and neighborhoods often charge membership fees to help pay for this upkeep.
Since a common area is used by more than one party or family, there is in most cases no reasonable expectation of privacy. Therefore, law enforcement agencies may not need a search warrant to enter such areas if they have probable reason to believe a crime has been committed and evidence may be present in that area. While this may vary slightly from country to country, people should be aware that they may not have the same rights in a common area as they would in a private residence.
Any number of areas could be considered a common area. Corridors, lobbies, swimming pools and parking lots along with any other outdoor area, would probably be considered commonplace. Obviously this only applies to residential structures such as condominiums, apartments and hotels. If you live in a single-family home in a neighborhood with common areas, you still have rights to your property, both inside and out.
If you feel that a common area isn’t being maintained to a certain reasonable standard, you have several options. If there is a single owner, you can try to approach him or her. If it is a partnership or trust, you may be able to lobby the board or directors to provide a better service. In some cases, you may even be able to take legal action to ensure the area remains safe and usable, especially if there is a contract that addresses such issues.
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