From Elevators to Gardens: A Guide to Common Areas in Apartments

Posted On August 29, 2024

Have you ever noticed how the shared spaces in your apartment building often set the stage for your daily interactions and experiences?

The shared areas in your apartment building may not always be the main focus of your living experience, but they truly bring the building to life. From running into friendly neighbours in the elevator to enjoying quiet moments in the communal garden, these spaces enhance your daily life and promote community.

In this blog, we’ll cover everything you need to know about these common areas—what they are, how they’re maintained, and why they play a significant role in your everyday life.

Let’s take a closer look at how these shared spaces contribute to creating a more connected and enjoyable living environment.

The Scoop on Common Areas

In real estate, common areas refer to the parts of a property that are available to all residents or tenants. These areas are crucial for the everyday operation of a building and encompass everything from the lobby to recreational facilities.

As per the Real Estate (Regulation and Development) Act of 2016 (RERA), some key examples of common areas in apartment complexes include:

• The entire land area: This refers to the complete land parcel on which the real estate project is constructed. If the project is being developed in stages, the common area is defined as the land allocated for that specific phase.
• Building Structures: This category includes staircases, elevators, lobbies, fire escapes, and the main entrances and exits of buildings. These elements are crucial for ensuring easy movement and safety within the building.
• Recreational Spaces: Parks, play areas, open parking areas, and community storage spaces are all considered common areas. These spaces are intended to enhance the living experience by providing areas for relaxation and recreation.
• Service Buildings: Structures like security offices or staff quarters are also classified as common areas. These buildings are meant for the personnel who oversee the property to ensure its smooth operation.
• Utility Installations: This includes central services such as electricity, gas, water, and sanitation systems. Additionally, any renewable energy installations, air conditioning units, and water conservation systems that serve the entire building are considered common areas.
• Shared Equipment: Equipment like water tanks, pumps, motors, and fans that support the building’s utilities also form part of the common area. These installations are vital for the proper functioning of the shared spaces.

How to Identify Common Areas?

It’s crucial to understand which parts of a property are considered common areas for both legal and practical purposes. Typically, the specifics about common areas and shared utilities are clearly stated in the sale deed and registration documents.

These documents should outline:

• The Proportion of Undivided Interest: This pertains to your share of the common areas relative to your apartment or unit. Understanding this is important as it determines your responsibilities concerning maintenance and upkeep.
• Limited Common Areas: Certain spaces may be designated as limited common areas, meaning they are shared only by a specific group of residents. For instance, a shared balcony between two apartments or a designated parking space.
  
  Having awareness of these details helps you comprehend your rights and obligations within the property.

Maintenance of Common Areas

Collective responsibility governs the maintenance of common areas. Initially, the builder is tasked with maintaining these spaces until the residents’ association assumes responsibility.

Here’s an overview of how the process typically unfolds:

• Builder’s Duty: During the initial phase, it’s the builder’s responsibility to maintain the common areas until the residents’ association assumes control.
• Residents’ Association Takeover: Once formed, the residents’ association takes over the maintenance of the common areas, spreading the responsibility among all residents.
• Maintenance Fees: Residents are usually obligated to pay a maintenance fee, which is allocated for the maintenance of the common areas. The fee is commonly calculated based on the size of each resident’s unit or their share of the undivided interest in the property.
  
  It’s important to note that all residents are obligated to contribute to the maintenance of common areas, even if they do not utilize certain amenities such as the gym or pool. This ensures that all shared spaces are well-maintained for the benefit of everyone.

The Cost of Common Area Maintenance

All residents or tenants share the responsibility for maintaining the common areas. Initially, the builder manages this task until the formation of the residents’ association.

Subsequently, the association collects maintenance fees from each resident.

• Allottees’ Contribution: Each resident is tasked with paying a portion of the maintenance expenses, regardless of their usage of the facilities. This practice ensures the maintenance of the property for the benefit of all.
• Landlord’s Responsibility in Commercial Properties: In commercial buildings, the landlord is generally accountable for maintaining common areas, which may encompass expenses such as insurance, repairs, property upkeep, and services like pest control and security.
• Right of Entry: The apartment owners’ association holds the irrevocable right to access individual units at reasonable hours for maintenance, repairs, or other necessary work related to common areas. This ensures the upkeep of essential services and the overall good condition of the property.

Residents must contribute to the upkeep of shared spaces, as mandated by the Real Estate (Regulation and Development) Act of 2016.

What Happens if Your Apartment Is Destroyed?

In the event of an apartment building’s destruction, the common areas and the property revert to the collective ownership of all apartment owners. This involves:

• Undivided Interest: Each owner maintains a proportional undivided interest in the property according to their original sale agreement.
• Collective Decision-Making: The apartment owners collectively decide on the property’s future – whether to rebuild, repair, or sell – ensuring all owners’ interests are considered.
• Legal Rights: Owners have the right to transfer their share of the property, including common areas, to their heirs or through transactions such as sale, mortgage, lease, or gift, thus preserving ownership rights amid a disaster.

Common areas in apartment complexes are vital for fostering a sense of community and belonging among residents.

If properly maintained and used considerately, these spaces can enhance daily living and promote a vibrant community atmosphere.

By valuing and caring for these spaces, residents can contribute to a more cohesive and pleasant living environment, transforming their building into a thriving community rather than just a place to live.

At Save Max, we prioritize accuracy and reliability in every piece of information we share, making us a trusted source for all your real estate needs. As a leading brokerage company in India, we offer a diverse portfolio of projects and properties across major cities, including Delhi, Gurgaon, Noida, Bangalore, Pune, Kolkata, and Chandigarh.