What is common area in apartments?

• Common areas can be inherited or transferred through sale, mortgage or gift deed.

No the common area cannot be inherited or transferred through sale, mortgage or gift deed independently of the apartment or flat which includes the proportionate undivided share of the land (on which apartment building or complex stands on. It also includes a proportionate of all common facilitiees, like the corridors, elevtors, the generator and the generator, watchman's room and restrooms for staff. Electrical room, staircase etc. and last but not the least the roof (terrace) etc. (you get the point). So when a owner sells his apartment or flat the UDS and his share of the common areas and equipment. In other words all of the above is part and parcel of the apartment or flat that is being sold, inherrited, etc etc.

As the name suggests, the common area is the place which is common to each resident in the society. This area belongs to all the owners in society. This is the meaning of common areas in apartments.

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Some examples of common areas include staircases, elevators,  lobbies, rooftops, basements, parking areas, common storage space, swimming pools, gyms, basketball courts, etc. Water tank, electricity, fans, ducts, are also a part of the common area.

What are the apartment common area rules?

• For the maintenance of the common area, some maintenance charges need to be paid by every member of the society.

• It is the duty of the residents to take matters into hand and fix anything that needs to be taken care of. For example, we have solar pumps installed in our building and the pipe broke due to heavy rains. We as members of society fix it by calling the plumber.

• A member cannot misuse a common area. For example, if the balcony is a common area, you cannot keep garbage for days. 

• Every society has rules which the residents of the project should maintain. For example, In our society, we have strict guidelines to keep garbage in a specific way. Anyone failing to follow the guidelines can be charged.

• Common areas can be inherited or transferred through sale, mortgage or gift deed.

• If a tenant is occupying a property, he/she has to pay the maintenance charges. If a tenant fails to pay the charges, the Resident Welfare Association can file a case against him.

These are the points I wanted to share for common areas in apartments. I hope you find this informative.

Read more:

What Are Common Area Maintenance Charges? What is GST on the maintenance charges ?  

Hi Buddy,

I have recently purchased an apartment in Bangalore. My apartment has certain rules and regulations for its residents. These rules are implied in the usage of the gym, swimming pool, common area, lift services, and so on. Regarding apartment common area rules, I would like to say that I have gone through Vanshika’s answer, and I completely agree with what she wrote.

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In my apartment, there’s the same set of rules prescribed for our common area. Now I also wondered,

How to Recognize the Common Areas in apartments?

Apart from what Vanshika mentioned about what constitutes the common area, I would also like to add that the land and common area utilities are usually described in depth in the sale deed and registration documents. It should also state the percentage of the apartment's undivided interest in the common rooms and facilities. 

I am also going to share my experience with the

Maintenance of the common areas in apartments:

The builder is responsible for maintaining the common area until the apartment allottees' association takes over. The maintenance of the common area is shared equally by all inhabitants. The landlord is responsible for maintaining the common area in commercial buildings.

Commercial Building Common Area Maintenance

The landlord is responsible for the building's care and maintenance in the case of a commercial property. Insurance, repair, property upkeep, administrative fees, pest control services, and security services are all examples of these expenditures.

Cost of maintaining the common areas in apartments

It is critical in an apartment complex to foster a sense of community.

The residents' association is responsible for the building's repair and maintenance. Each member is usually charged a set sum for this reason. According to the Real Estate (Regulation and Development) Act of 2016, every allottee is liable for paying for the upkeep of the property and premises.

The builder is responsible for the upkeep until the residents' association is founded and takes over the management of the common area for a fee levied to each allottee.

Even if an allottee does not live in the apartment complex, he or she is still responsible for paying the monthly maintenance fees.

I conclude my answer about the apartment common area rules in our building:)

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What Are Common Area Maintenance Charges?

The areas in the residential setup are paid for and owned by everyone, who owns his/her apartment in the residential society. Common areas are also used by the tenants of the residential project.

Common area in apartments includes 

Swimming pool, running track, playing area for kids, garden, elevators, lobby area, parking lots, and Corridors. These are some examples of common areas. Owners and tenants have to pay maintenance charges every month for common areas.

Rules to be followed in the common area in apartments buildings:

• No resident is allowed in the common area for his personal use.

• Should maintain peace in the common area so that other residents won’t get disturbed.

• Common areas cannot be converted for any other purpose.

• If the co-owner of the property does not pay rent then RWA can file a case against the defaulting owner.

This is known as the common area in apartments and rules for common area.