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Hoa Rules For Common Area In Montgomery
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State:
Multi-State
County:
Montgomery
Control #:
US-00444
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FAQ
HOA common areas are not considered private property in the traditional sense. While individual homeowners have a shared ownership interest in these common areas, they do not have exclusive control over them.
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.
The HOA can fine you, and can force a sale of your property. Yes, an HOA can control certain aspects of your backyard, such as demand approval of any landscaping changes that are visible, control the use and construction of out-buildings, fences, and noise restrictions.
How Tenancy in Common (TIC) Works. Owners as tenants in common share interests and privileges in all areas of the property but each tenant can own a different percentage or proportional financial share. Tenancy in common agreements can be created at any time.
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.
HOA common areas are equally owned by all the homeowners in the community. Each owner pays regular HOA dues that go towards association operations and common area maintenance, giving them an equal share of ownership.
Common areas are governed by the association's governing documents, which may include covenants, conditions, and restrictions (CC&R), as well as bylaws and rules established by the board. These documents outline the rights and responsibilities of homeowners regarding the use, maintenance, and enjoyment of common areas.
This means common elements could include, but are not limited to, all the following: land, foundations, hallways, stairways, entrances and exits, common parking areas, storage areas, basement, roof, incinerator, pipes, ducts, electrical wiring and conduits, central heating and air, public utility lines, floors, ...
A common element is defined as all portions of the property except the units. Examples of common elements include fitness centers, elevators, lobbies, walkways, lighting in common hallways, garbage collection areas, swimming pools, landscaping, club houses, and more.
Common elements are owned in undivided shares by all inium unit owners as tenants in common and include portions of the inium shared or used in common by the inium's residents. Examples of common elements are: Building structural components and systems. Lobbies. Parking areas.