What Is a Common Area?
In properties governed by a condominium association (COA) or homeowners' association (HOA), the property is legally divided into two distinct parts: the individual, privately-owned units (or lots) and the common areas (or common elements).
Common areas belong to the community as a whole. Examples include community pools, clubhouses, parking lots, elevators, shared hallways, and landscaping. Because these areas are shared, individual owners do not have the right to unilaterally alter them or restrict other residents from using them.
Maintenance and Liability
The defining legal feature of a common area is the shared responsibility for its upkeep. In a residential community, the HOA or COA is legally obligated to maintain, repair, and insure the common areas. To fund this, the association collects mandatory assessments (dues) from every unit owner. If a massive expense arises—such as the community pool needing to be entirely resurfaced—the association will levy a special assessment, forcing every owner to pay an equal share of the repair cost.
Similarly, if a guest slips and falls in the shared clubhouse lobby, the injured party will sue the condominium association for negligence, not the individual unit owners, and the association's master insurance policy will cover the damages.
Common Area Maintenance (CAM) in Commercial Leases
In commercial real estate, the landlord owns the common areas of a shopping plaza or office park (the parking lot, shared restrooms, exterior lighting). However, under a standard "Triple Net" (NNN lease), the landlord passes the costs of maintaining these areas directly to the tenants through Common Area Maintenance (CAM) charges. A tenant leasing 10% of the building's square footage will be contractually required to pay 10% of the monthly CAM charges on top of their base rent.
Related Terms
- Condominium Association — The entity that manages residential common areas
- Assessments — The fees collected to maintain the common areas
- Net Lease — A commercial lease that passes common area costs to tenants
Barnes Walker Association Law
Barnes Walker's attorneys represent Florida HOAs, condominiums, and commercial landlords in drafting maintenance agreements, resolving disputes over common area boundaries, and auditing commercial CAM charge calculations. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC