What specifically is a "common area"

I have been to the SEARCH but did not find anything specific. Yes, I read the CC&Rs but could not get anything specific. What I would like is a good, hefty description of what a COMMON AREA is... and what it entails? In a condo complex I am referring to, not an independent housing complex. I know that the common area includes the streets, landscaping, pool/spa, gym, clubhouse. Does the common area include the garage that is detached? Even though owner of unit #1 owns a garage, what part of that garage does the common area control? Unit #1 owner owns his condo unit and the patio but does the condo unit owner own the walls of the patio?

To add to Roger's comment, assuming a garage is assigned to a single unit it would at least be limited common. If the detached garages are first come, first served then they would be common since they are for the benefit of all unit owners. This would probably be pretty rare because it sets up a fight with the owner who takes up lots of spots with his classic car collection forcing everyone else to park outside.

If your question is specifically concerning the detached garages I would suggest checking some deeds for parcels on the property. When I lived in a condo each garage had its own parcel number and was separately deeded. Thus it was owned by a unit owner. Other condo properties around us only had a single parcel number for the unit but the deed also described a specific garage bay. Same effect, the inside of the garage is owned by the unit owner.

If the Declaration and Deeds don't mention garages but the Association assigns them for exclusive use by individual units they're most likely considered to be limited common.

So to summarize, if the garage is:
a) Deeded - Neither Common nor Limited, but rather owned by the unit owner.
b) Not deeded, assigned - Limited Common.
c) Not deeded, not assigned (i.e. find an open spot and take it) - Common.

I realize this is a generalized answer. If you've got a more specific question let us know so you can get a more specific answer.

Alex this really should be spelled out in your CC&R's as no two communities are exactly alike even with the preponderance of "boilerplate" CC&R's. But here is what ours say:

The Declarant reserves the right to add covered garages as Limited Common Areas as part of future phases which may be added in accordance with Article XII of this Declaration for the use of Units in the Condominium Project. The Declarant reserves the right to assign each Garage space to the exclusive use of a particular Unit at the time of conveyance of a Unit, or by separate conveyance or designation at a later date. Furthermore, Declarant reserves the right to assign these Garage spaces to any other Units within the Condominium Property, whether now existing or added by future amendments, at its discretion, until such time as the Declarant, its successors or assigns, no longer owns any Units in the Condominium Development. Upon assignment of a Garage space to a Particular Unit, such Garage space shall be limited to the exclusive use of the Unit to which it is assigned, and shall be appurtenant to it. However, the owner of the Unit to which such Garage space has been assigned shall have the right to subsequently assign, rent or lease said Garage space to any other Unit owner, provided that notice of same is given to the Association. The foregoing shall also apply to any Garage spaces added in future amendments.

And:

Use of Limited Common Elements. Each unit owner is hereby granted an exclusive and irrevocable license to use and occupy the Limited Common Elements located within the bounds of his unit or which are designated for exclusive use of that Unit, which shall consist of:

(1) Private balcony or patio areas.

(2) Garages assigned as provided in Section 3.1 above, if any.

(3) Door stoops, if any.

The Association shall have the responsibility of maintaining the Garages but shall
invoice any costs or expenses related thereto to the Unit owners to whom the Garages are assigned, to be paid as provided in Section 5.3A of Article V of this Declaration.

Section 5.3. Unit Owner. The responsibility of each Unit Owner shall be as follows:

A. To maintain, repair and replace at his expense all portions of his Unit, and all internal installations of such Unit such as appliances, heating, plumbing, electrical and air conditioning fixtures or installations, and any portion of any other utility service facilities located within the Unit boundaries and any heating or air conditioning equipment located within or outside the Unit boundaries designed and installed for the exclusive purpose of
servicing equipment located within the Unit boundaries, and to do likewise with all Limited Common Elements designated for his use; provided, however, that the Association shall be responsible for the maintenance and repair of the Garages, but shall invoice any costs or expenses connected therewith to the Unit owners to whom assigned and such amount shall be due and payable along with the next monthly assessment payment.

Example: Last year we had a lot of shingle loss from hurricane Ike; the insurance only paid to replace half of the roof on several garages. The Association paid to do the rest of the roof and billed the garage owners their proportional share.

Alex forgive me but I find it unlikely but not impossible that these types of things aren't addressed in your documents. Often they are not in one section but spread throughout the CC&R's if you could post them it would be a big help or you can send them to me at [email protected] and I'll take a look. I can only answer your questions from my CC&R's but I'll take a stab at it.

Who controls the paint on the inside walls? Who controls the wall board on the unit's walls?

The owner "owns" from the paper on the wall board in - the COA from the paper out.

In case of rain damage, is it the HOA that has to pay for the repairs if it gets onto the inside wall(s) or is it the unit owner?

We would repair / replace the drywall, it would be the owners responsibility to paint.

Who is responsible for rain damage if the rain water leaks come in from the roof and the roof (in general) is the responsibility of the HOA.

Same as above, the COA would repair the roof and any damaged drywall, the owner would have to paint.

If the floor of the unit is termed as an "exclusive use" item, then I can put tile or whatever I want or even sawdust. If the windows are truly Exclusive Use (of the unit owner) then why do we have to follow guidelines in any type of window installations, etc?

Because the windows also are visible on the outside of the building and must fit in; for example my upstairs neighbor replaced their windows without ACC approval a few years back. Problem was they replaced them with a solid pane when all of the buildings in our section had faux lights which broke the bare pane into many sections. Because their windows didn't fit in with the rest of the building they had to replace them.

What part of any leaks become the responsibility of the owner thru their insurance and when does the HOA become responsible?

Our CC&R's specify the unit owner is responsible from the shutoff valve in so unless the leaking pipe was the responsibility of the COA the unit owner would be on the hook for any damage.

Oops, hit submit too soon.