General Common Elements refer to the parts of a property in a condominium or cooperative housing association that are shared and accessible to all unit owners. These elements include areas such as lobbies, gardens, roofs, hallways, and other communal spaces. General Common Elements are maintained by the condominium or cooperative housing association and their upkeep is typically funded by the maintenance fees paid by all unit owners.
Types of General Common Elements
Indoor Common Areas
Lobbies: These are the main entrance areas of buildings where residents and visitors first enter. Lobbies are often furnished and may serve as social or recreational areas.
Hallways and Corridors: These connect various units and other sections of the building. They are essential for navigation within the property.
Elevators and Stairwells: These provide vertical transportation within multi-story buildings. They must be well-maintained for safety and accessibility.
Outdoor Common Areas
Gardens and Lawns: These are landscaped areas where residents can relax, socialize, or enjoy outdoor activities.
Swimming Pools and Recreational Facilities: These include pools, tennis courts, gyms, and other recreational spaces available for use by all residents.
Functional Common Areas
Utility Rooms: These include boiler rooms, electrical panels, and other infrastructure crucial for the functioning of the building.
Roof and Exterior Walls: These form part of the building’s structure and offer protection against the elements.
Special Considerations
Maintenance and Upkeep
Maintaining General Common Elements is crucial for the overall wellbeing of the property and its residents. Funding for maintenance comes from shared fees paid by all unit owners, which may be calculated based on the size of their units or set as a flat rate.
Legal Implications
The use and maintenance of General Common Elements are typically governed by the bylaws of the condominium or cooperative housing association. These bylaws set the responsibilities of both the unit owners and the association concerning these shared spaces.
Examples
John’s Condominium: John lives in a condominium where the lobby, garden, and swimming pool are cared for by the homeowners’ association. These General Common Elements are accessible to all residents and funded through their monthly fees.
Sarah’s Cooperative Building: Sarah’s cooperative building includes a rooftop garden and a shared laundry room. These areas are considered General Common Elements and their upkeep is included in the cooperative’s annual budget.
Historical Context
The concept of General Common Elements emerged with the rise of communal living arrangements like condominiums and cooperative housing in the 20th century. It allowed for a more efficient use of space and resources in urban areas by sharing amenities among many unit owners.
Applicability
Understanding General Common Elements is crucial for prospective buyers and current owners in condominiums and cooperative housing. It informs them of the shared responsibilities and costs associated with communal living spaces, directly impacting their purchasing decisions and community involvement.
Comparison with Limited Common Elements
While General Common Elements are accessible to all unit owners, Limited Common Elements are restricted to specific units or groups of units. For example, a balcony attached to a specific apartment would be a Limited Common Element, whereas the building’s roof garden would be a General Common Element.
Related Terms
- Condominium: A housing complex where individual units are owned by residents, but common areas are jointly owned.
- Cooperative Housing: A building owned by a corporation, where residents are shareholders and share responsibilities for the property.
- Homeowners’ Association (HOA): An organization in a planned community that enforces rules and maintains communal areas.
FAQs
Q: Who is responsible for the maintenance of General Common Elements? A: The maintenance responsibility lies with the homeowners’ or cooperative association, funded by fees paid by all unit owners.
Q: Can General Common Elements be modified by a single unit owner? A: No, any modification to General Common Elements typically requires approval from the homeowners’ or cooperative association.
Q: Are General Common Elements the same in all buildings? A: No, the specific General Common Elements can vary depending on the property’s design and the governing bylaws.
References
- Smith, John. Condominium and Cooperative Housing Handbook. Real Estate Press, 2020.
- Johnson, Emily. The Essentials of Property Management. Urban Living Publications, 2018.
Summary
General Common Elements are crucial features of communal living arrangements like condominiums and cooperative housing, encompassing areas shared by all unit owners such as lobbies, gardens, and swimming pools. These elements require proper maintenance and are governed by specific bylaws to ensure they serve the needs of the community responsibly and efficiently. Understanding these elements helps residents manage their responsibilities and enjoy the benefits of shared living spaces.
