Who owns the common area?
Title to common area can be held by the homeowners association or by the owners in percentage shares as “tenants in common”. The decision is made by the developer at the time the governing documents are prepared, and is very difficult to change later. To determine who owns the common area in an association, refer to the CC&Rs. The method of common area ownership has no significant consequences in a properly insured association. Note that in condominium projects, title to at least some common area must be held as tenants in common. The percentage held by each owner does not determine that owner’s usage rights or cost responsibility. For additional information, see Civil Code §§1351 and 1362.
