Asked in AlgebraGeometryHousing Associations
Is an condo attic which owners maintain considered common area?
January 02, 2010 9:29PM
Read your governing documents to determine the line where your private ownership ends and common ownership ends.
If it is common area:
- Owners (plural) maintain the attic area, this is proper, since it's possible that the attic is common area.
- Owners (plural) own the attic, it is subject to preventative maintenance, regular inspection and so forth.
- Owner (singular) maintains the attic area, that individual owner may be encroaching on real estate assets that belong to all the members.
- Owner (singular) actually owns the attic and it is not common area, the governing documents may require that this owner maintain the attic to some standard.
If it is common area, by definition, and is used (maintained) by a single owner, the largest issues have to do with fire hazards, liability, and privilege.