Condominium Law

Common Elements

The Condominium Declaration typically specifies the boundaries between the private units and the common elements. Typically, the common elements include all shared parts of the building, such as the hallways, elevators, lobby areas, outside lawns and gardens, and any shared gym/pool/game room/etc. Sometimes common elements include areas one would think private – for example the balconies in some condominiums are defined as “exclusive-use common elements”.


Different rules apply to common elements and private elements. While owners can usually do (almost) anything they like within their unit, they are usually prohibited from many types of conduct on the common elements. For example, smoking on the common elements is usually prohibited.

Unit owners usually have the responsibility for any repairs and maintenance in their own unit, while the condominium corporation is responsible for maintaining the common elements. However, the condominium corporation will typically sue any unit owner who caused substantial damage to the common elements.

The boundary between the private units and common elements is different for every condominium, as are the rules that may apply. Our team of experienced legal professionals can help you understand your rights and obligations. If you are facing legal issues that may concern the common elements of a condominium, contact us immediately.

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