what is a common area in an apartment?

What is the common area in an apartment? Common area include parts of the building that are not specified in the ownership document, and all owners in the building have the right to use it jointly. Common area in an apartment  is a right that is the same for all people in the building and no one has the right to occupy it.

Here, we will tell you about the topic of ” what is a common area in an apartment ” and all the parts of the building that are common and all the residents of the building have the right to use it.

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what is a common area in an apartment

Where is the common area in an apartment?

  • Corridors;
  • roof top; 
  • Corridor windows;
  • Smoking place;
  • Stairs;
  • Gate;
  • Elevator;
  • Engine room;
  • Yard;
  • Common distance between units;
  • Lobby;
  • Trash chute shooting;
  • Parking;
  • Garden.

The mentioned items were parts of a normal apartment that were introduced to you and are considered common area in an apartment. In the case of luxury buildings, there may be more facilities, and all of them are considered common area. These facilities are like a swimming pool, sauna, sports club, etc.

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There is a fundamental difference between common area in an apartment and the private sector. That is, the common area in building is not mentioned in the ownership document of each of the owners, and only the parts that belong to individuals and are completely private are mentioned in the ownership document.

The common area in an apartment cannot be sold

The common area in an apartment cannot be sold

Anything that has exclusive ownership and is stated in the document can be sold, for example, people can sell their property, but if something exists as a right of ownership for everyone, or in other words, common area in buildings, no one is allowed to sell it.

The common area in buildings are like the facilities that are available to all people, such as streets, parks, and neighborhoods. These places do not belong to any particular person and no one has the right to sell them. Any occupation of the common areas in the building is a crime and people can file a legal complaint against the person who violates the rights of others.

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Laws related to common area in an apartment

As we explained, the common area in an apartment included parts of the building that all the owners have the right to use, and none of them is specifically allowed to enter and occupy it. Now this common area has rules that must be followed by its owners. In the following, we discuss some of these rules.

Any part of the common area in buildings can not be occupied by one person or given to another person. It can only do this if it has agreed with other neighbors. None of the residents of the building is allowed to leave extra equipment, garbage or any other thing in the common area in an apartment, such as the corridor, etc. Water and electricity in common area in building must be used by all residents and no one can have personal use of them.

Usually, each building owner has a private parking space, but if parking is not mentioned in their document, they do not have a parking space, and as a result, they are not allowed to park their car in another parking lot without obtaining permission. The use of spaces such as the parking and the ground floor, which are completely common, must be accompanied by the consent of all the residents of the building, and in case of dissatisfaction of one of the residents, no one has the right to use it.

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Laws related to common area in an apartment

Sometimes buildings need some repairs or changes, in this case, the consent of all the residents of the building must be obtained and changes cannot be made without public consent. The use of the elevator must be done according to all the rules, and no one can use the elevator personally and, for example, move stuff and equipment.

The elevator in the apartment is a means of moving a certain number of people and this point should be taken into account because otherwise it can bring risks. As we have explained to you, the common area in an apartment is a public place for the residents of the building and they can use it equally.

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