Quick Answer: Is Balcony A Common Area?

Is smoking in balcony illegal?

Most landlords have probably included in their tenancy agreements a clause that no smoking is allowed in the apartment to protect their property so inevitably their tenants smoke outside on the balcony.

Owner occupiers can of course do what they like in their apartments or on their balconies..

Can a condo ban smoking on a balcony?

I receive e-mails from people across North America asking what authority condo Boards have to restrict smoking. … In fact, balconies and patios are also common property in most condo developments, so technically it’s against condo bylaws to smoke there, regardless that people consider it their private property; it’s not!

What is included in common area maintenance fees?

What else is included? Landscaping, parking lots and administrative fees are also included because these are all shared spaces and services and are used by all tenants. Parking lot maintenance and lighting expenses are included in the common area maintenance expenses for retail centers.

What is exclusive use common area?

A subset of common area is “exclusive use common area” (aka “restricted common area”). Exclusive use common area is a portion of common area designated by the CC&Rs for the exclusive use of one or more, but fewer than all, of the owners within the development. (Civ. Code § 4145(a).)

Does strata pay for plumbing?

When you live in, manage or own a strata property, you’ll have to deal with plumbing issues just like any other home, apartment or business facility. … In general, anything inside the unit is the unit owner’s responsibility, while any common areas are the strata property owner’s purview.

Is a bathroom a common area?

Examples of common areas include: lobbies, … washrooms in lobby area, driveways, and.

Is Hoa responsible for balcony repairs?

In fact, California has recently passed a law to clear up the confusion. The bill covers exclusive-use common elements, which in some areas are called limited common elements. … Under the new law, unless California CC&Rs say otherwise, the association is responsible for repairing and replacing them.

Are balcony doors covered by strata?

most balcony doors are usually common property if the strata plan was registered after 1974. … a townhouse or villa), is usually common property if the strata plan was registered after 1 July 1974, unless the registered strata plan says it is not.

What is considered common area in Hoa?

Everything that is located within an association’s development except for the “separate interests” (the units or lots owned by the association’s individual members) constitutes common area. (Civ. Code § 4095(a).) One of the primary responsibilities of an association is to maintain, repair and replace the common area.

Can a condo owner sue the association?

If you run into problems you can’t resolve with your association, your only recourse in most cases is to sue in civil court, which can be expensive. Even if you prevail, you may still end up paying your own attorney fees. And the association’s fees are going to be shared among you and your neighbors.

What are common areas of a building?

Building Common Areas means those areas within the Building that are provided for the common use of all Building tenants, occupants and invitees, such as, without limitation, accessways, lobbies, common conference and break rooms, corridors, fire vestibules, elevators (if any), foyers, restrooms, janitor’s closets, and …

Can I smoke on my balcony?

Smoke from balconies can be sucked into the interior through windows and a/c units and such a ban is not unusual at all. And implementing a no-smoking rule in apartment complexes may not be a lease breach at all unless your lease specifically says that smoking IS permitted. Check your state laws.

Is ROOF a common area?

A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members. … A community hall, a play area, a garden, a stairway, a terrace and elevators are all shared areas and have to be made accessible to all the apartment-owners without any ownership issue.

What repairs are HOA responsible for?

Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive …

Can you sue your strata?

When buying into a strata scheme, lot owners in New South Wales become members of what is called the Owners Corporation for the scheme. … Much like an incorporated business, an Owners Corporation is able to sue (and be sued) in its own name, rather than through its individual members.

Does strata insurance cover internal walls?

Strata insurance usually includes cover for common areas such as gardens, lifts, walls, windows, pools, ceiling and floors. … If there are gaps in cover, you may need to look to your contents cover under your home insurance policy to cover it.

What is common area apartment?

Common areas in a residential development are used by all apartment owners. … Parking lots, elevators, lobby and corridors are the examples of common areas. Owners of apartments often have to pay the co-operative society or home-owners association for the upkeep of such areas.

Is Balcony considered common area?

Balconies or patios are part of the common elements because they are outside the boundaries of a unit. They are considered limited common elements because their use is limited to the owner or resident of the adjacent unit. … Generally, the owner is responsible for these areas, including the surface and railings.

What is considered a common area?

What are common areas? Common areas are elements of a property available for use for all tenants or owners. Deeper definition Common areas can include hallways, sidewalks, parking lots, community swimming […]

Can I smoke in my condo balcony?

NEA guidelines do not prohibit smoking in private residences. … On the other hand, residents of HDB flats are free to smoke on their balconies. Under HDB’s ruling, balconies come under private property and are therefore not included in the NEA’s list of non-smoking areas.

What is rentable area?

Rentable Square Feet Simply stated, rentable square footage is the area of the enclosed interior space of the building other than holes in the floor, such as stairwells, and elevator and mechanical duct space. If it’s floor that you can stand on, you pay for it, because it is rentable space.