Glossary
Common area
Property in a common interest development that is owned or controlled by the association and shared by the owners, rather than owned by a single owner.
Why it matters
Whether a roof, wall, parking space, or utility route is common area (or a separate interest, or a
limited common element) decides who must approve an installation and which statutory provisions
apply. In California, a system proposed for a multifamily common-area roof triggers the notice,
insurance, and survey requirements of Civil Code section 4746, while a system on the building where
the owner lives or an adjacent exclusive-use garage or carport receives the stronger protections of
section 714.1.
Jurisdictional variation
The definition of common area comes from each state's statutes and from the recorded governing
documents. A “common area” in one community may be a “limited common element” in another, and the
term is not interchangeable with “separate interest.”