While an HOA's governing documents tend to be more specific, some state laws indicate an association's default maintenance responsibilities. California is one example, with Civil Code Section 4775 stating that an HOA is responsible for common area repairs, maintenance, and replacements unless otherwise provided in the ...
Common-use areas are defined in International Building Code as, “interior or exterior circulation paths, rooms, spaces, or elements that are not for public use and are made available for the shared use of two or more people.” Public-use areas are defined in International Building Code as, “interior or exterior rooms or ...
An HOA's "Covenants, Conditions, and Restrictions" (CC&Rs) is a legal document that describes what you can and can't do with your home. For example, the CC&Rs might limit what color you can paint your house, prohibit you from leaving your laundry out to dry, or describe what type of mailbox you may .
A common area, also referred to as a shared or communal space, is any part of an apartment building meant for more than one person living there to use. These areas, such as lobbies, fitness centers, swimming pools, and rooftop terraces, are for everyone to hang out, socialize, or move around easily.
A common area is some shared space or amenity between unit owners or shareholders of a common interest development (CID). In housing CIDs, common areas can include things such as yard space, a basketball court, pool, laundry room, or a mail room.
What Counts as a Common Area? Community and Commercial Facilities. Entrances, Exits, Fire Escapes, and Stairwells. Common Terraces, Basements, Rooftops, and Open Spaces. Staff Lodgings or Workspaces. Central Service Installations. Any Other Portions of Land or Property with Purpose for Common Use. Common Area Maintenance.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
Common areas belong to all the owners equally, as does the physical and financial responsibility to maintain them. Owners have an irrevocable right to enter a common area during reasonable hours for the purpose of maintenance or repair- as long as any such work adheres to the Apartment Act by-laws.
The Property Owners' Association Act oversees the creation, management, authority, and functions of the HOAs in Georgia. It's important to note here that associations can be formed under the POAA or using common law principles. In such cases, this act will not apply.