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A common area is, in
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more genera ...
or
real property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prop ...
, the "area which is available for use by more than one person..." The common areas are those that are available for common use by all tenants, (or) groups of tenants and their invitees.kwcondo
In
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
and other parts of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
, it is "An area inside a housing development owned by all residents or by an overall management structure which charges each tenant for maintenance and upkeep."Common Area
laws.com retrieved from real-estate.laws.com Accessed 28 November 2012.
Common areas often exist in
apartment An apartment (American English), or flat (British English, Indian English, South African English), is a self-contained housing unit (a type of residential real estate) that occupies part of a building, generally on a single story. There are m ...
s,
gated communities A gated community (or walled community) is a form of residential community or housing estate containing strictly controlled entrances for pedestrians, bicycles, and automobiles, and often characterized by a closed perimeter of walls and fences ...
,
condominium A condominium (or condo for short) is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex ...
s,
cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-contro ...
s and
shopping mall A shopping mall (or simply mall) is a North American term for a large indoor shopping center, usually anchored by department stores. The term "mall" originally meant a pedestrian promenade with shops along it (that is, the term was used to ref ...
s. In any situation where there is a tenancy in common, all the tenants in common collectively own the common areas, meaning that any one individual owner does not possess more control over the land than any other owner. This differs from a commons or
common land Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person who ha ...
, as used in
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
law, which is owned by one person, but which may be used by a group of persons.


Examples

Examples of common areas include: * lobbies,Tracy, William, Understanding Common and Useable Areas, found a
Building Area Measurement LLC web site
Accessed May 8, 2008.
* corridors, * stairways, * parking lots, spots, ramps, or other such areas,'' United Housing Foundation, Inc. v. Forman'', 421 U.S. 837, 856 (1975), found a
Findlaw.com
Accessed May 8, 2008.
* washing machines or laundry room, * the roof of an apartment building, * elevators, * washrooms in lobby area, * driveways, and * store rooms. * living rooms * kitchens * fitness facilities * recreational areas * club house


Case law

In '' Maryland v. Garrison'', the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
found that police may enter a common area when executing a
search warrant A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countrie ...
. Also, in '' Illinois v. Rodriguez'' the US Supreme Court held that "a warrantless entry is valid when based upon the consent of a third party whom the police, at the time of the entry, reasonably believe to possess common authority over the premises, but who in fact does not do so." Furthermore, the court held:


Residence halls

In
residence hall A dormitory (originated from the Latin word ''dormitorium'', often abbreviated to dorm) is a building primarily providing sleeping and residential quarters for large numbers of people such as boarding school, high school, college or universit ...
s of colleges and universities, the common areas are those spaces in a dorm that are for the use of all the student residents. In order to paint murals, improve with fixtures, or otherwise change the common area, permission may have to be obtained from the director of residential life. Legally, there is nothing that a tenant can do if they do not approve of their common area furnishings, decorations, etc. unless it interferes directly with a disability. Anything pertaining to religion or beliefs are all covered under the Fair Housing Law. The only way to control common areas in this regard is if a serious threat was posed. State-run universities do have the authority to prohibit use of common areas should they see fit (whether that be decorating, furnishings, or physical use). For-profit housing can only limit these things to some extent. They cannot legally control every aspect of common area use because of the aforementioned Fair Housing Laws.


Business spaces

Common area also applies to organizations such as shopping malls and strip malls, in which multiple businesses operate. Oftentimes, business parks, malls, and other multi-company facilities will have a common area. This could be any one of the examples listed above or it could take form of a "break room". These areas are generally centrally located and for everyone's use within the businesses involved. There can be stipulations on conduct within the common areas as well as availability of the common areas. Businesses may also have common areas within themselves. Typically the businesses with common areas will have their own rules that cater to their business type, policy, and company vision.


Real estate taxation of common areas

States vary in how they tax common areas, for real estate tax purposes. It may depend on whether it is a condo or a co-op. For example, the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
of
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fo ...
taxes "residential common areas" in housing developments with a flat tax, but common areas of condominiums and
golf course A golf course is the grounds on which the sport of golf is played. It consists of a series of holes, each consisting of a tee box, a fairway, the rough and other hazards, and a green with a cylindrical hole in the ground, known as a "cup". T ...
s are assessed separately.


Stipulations with Various Common Area Types

Dependent upon the common area type (i.e. Business, Residential, State-owned) there are certain precautions one must take with utilizing them. Some require leases, some require contracts, and some only require only "at your word". For example, businesses may share common areas in a store like Black Lion or a store that accepts vendors from multiple backgrounds. It is understood in a lease or contract that they will share space with these different vendors. With apartments, there are two different types of common areas you can have. One would be under contract and the other would be under lease. Apartments that rent by the unit (i.e. conventional housing) are signed for by one individual. That one individual legally decides the use of the common area should they ever gain a roommate in the future. If an apartment complex leases by the bedroom, there is a clause or paragraph detailing how the space is to be used equally between all lease holders. Lastly, there are state-owned and mandated common areas. Forts and bases, government run facilities, and even jails have common areas. There is no agreement in a lease stating how those areas should be used. There are different kinds of common areas and all of them have different rules and stipulations. The all have different legal proceedings should something happen in those areas.


Loss factor

In commercial real estate in the US, a building's loss factor is the percentage of the building's area shared by tenants or space that are dedicated to the common areas of a building used to calculate the difference between the net (usable) and gross (billable) areas. That portion of the space is considered "lost" because it cannot be directly leased and the maintenance and operation costs must be covered by the other rentable areas. The ''loss factor'' is often confused with load factor, but the formulas for each term vary. The loss factor is calculated as follows: Loss Factor = (Rentable Area – Usable Area) / Rentable Area The
Building Owners and Managers Association The Building Owners and Managers Association (BOMA International), founded in 1907, is a professional organization for commercial real estate professionals based in the United States and Canada. Its membership includes building owners, managers ...
has established a standard with
American National Standards Institute The American National Standards Institute (ANSI ) is a private non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. The organi ...
, ANSI/BOMA Z65.1-2010 for measuring floor area and calculating gross leasable area and loss factor.


See also

* Common area maintenance charges *
Common land Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person who ha ...
, also known as a Commons *
Common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
* '' The Common Law'' *
Common Travel Area The Common Travel Area (CTA; ga, Comhlimistéar Taistil, ) is an open borders area comprising the United Kingdom, Ireland, Isle of Man, and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are n ...
*
Condominium A condominium (or condo for short) is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex ...
*
Curtilage In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated " open fields beyond". In feudal times every castle with its depen ...
* Kehrwoche * Loss factor (real estate) * Reserves for Common-Interest Developments


References

{{Commons category, Apartment building common areas Real estate terminology Real property law Condominium