BobW1 (Florida)
Posts: 11
Posts: 11
Posted:
it is my understanding that the only land the owner owns only the land under his unit. the front and back yard is common area. true or false?
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PatrickH (California)
Posts: 204
Posts: 204
Posted:
Hi Bob,
You are correct in that you own the land under your individual townhome. Back yards and front are usually catagorized as something like "exclusive use" or "restricted use" common areas.
The back yard is usually exclusive use. You can plant or build what you want within the gudelines of your HOA, you and your guests have exclusive use, (the neighbor's kids can't come in and play there unless you want them) and you are responsible for the upkeep.
Depending on how it's maintained, your front yard may be exclusive or restricted. If the HOA pays for the landscaping and irrigation, then it's restricted. If you pay for the maintanance, then it's probably exclusive. The main difference is that a restriced common areas allow the HOA to have their landscapers or repair people work on the area, while not allowing other members of the HOA to use your front yard as a playground.
You are correct in that you own the land under your individual townhome. Back yards and front are usually catagorized as something like "exclusive use" or "restricted use" common areas.
The back yard is usually exclusive use. You can plant or build what you want within the gudelines of your HOA, you and your guests have exclusive use, (the neighbor's kids can't come in and play there unless you want them) and you are responsible for the upkeep.
Depending on how it's maintained, your front yard may be exclusive or restricted. If the HOA pays for the landscaping and irrigation, then it's restricted. If you pay for the maintanance, then it's probably exclusive. The main difference is that a restriced common areas allow the HOA to have their landscapers or repair people work on the area, while not allowing other members of the HOA to use your front yard as a playground.
JulieS (Georgia)
Posts: 412
Posts: 412
Posted:
It may also depend on whether or not you are 'fee simple' or 'condo' type townhomes. Many are ZZL, zero lot line, in which I believe you do own some land other than what is under the building.
JoeS4 (Kentucky)
Posts: 77
Posts: 77
Posted:
check your condo vs. townhome wording in your legal documents, in our area condos are different than townhomes and our townhomes have common areas however we do own a platted area in front of and behind each townhome, condos only own from the floor to the ceiling and share common areas.
Your legal documents and plat should better define such.
Good Luck
Your legal documents and plat should better define such.
Good Luck
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