This office lease clause was negotiated into a lease document for an unusual premises to assure utilization of a broad range of common areas. This states that the tenant and its invitees shall throughout the term of the lease continue to enjoy access and utilization of the common areas on a first come first served basis.
The California Clause Assuring Utilization of a Broad Range of Common Areas, also known as the California Utilization Clause, is a legal provision in California real estate law that ensures the inclusive and fair use of various common areas within a property. This provision applies to different types of properties such as residential complexes, commercial buildings, and mixed-use developments. In simple terms, the California Clause Assuring Utilization of a Broad Range of Common Areas mandates that all individuals, regardless of their background, have equal access to and enjoyment of the shared spaces and amenities provided by the property. These common areas may include lobbies, hallways, community rooms, swimming pools, fitness centers, gardens, and other recreational facilities. This clause prevents any form of discrimination or exclusionary practices based on race, color, religion, sex, gender identity, sexual orientation, national origin, familial status, disability, or any other protected characteristics under California law. It promotes a sense of community and fosters cultural diversity by ensuring that all residents or occupants have the opportunity to use and enjoy the common areas according to their needs and preferences. Property developers, landlords, and property management companies must comply with the California Utilization Clause when marketing, leasing, or managing properties. They are responsible for ensuring that all residents or tenants are aware of their rights and the available common areas. It is their obligation to prevent discrimination or favoritism in the allocation or use of these shared spaces. Moreover, the California Utilization Clause prohibits setting arbitrary restrictions or conditions on the use of common areas that disproportionately affect certain groups of people. For example, it would be against this clause to limit access to a swimming pool only to individuals who can show proof of a certain income level or restrict the use of a community room to residents of a specific religious background. Overall, the California Clause Assuring Utilization of a Broad Range of Common Areas reinforces the principles of equality, diversity, and inclusion in property ownership, occupancy, and management. It aims to ensure that all residents or occupants have an equitable opportunity to enjoy the common areas and amenities provided by the property, creating a harmonious and accessible living or working environment for everyone.
