Use of common areas: Overview, definition, and example
What is use of common areas?
"Use of common areas" refers to the rights and responsibilities of tenants, residents, or users in shared spaces within a property or facility. These common areas, such as hallways, parking lots, gardens, or recreational spaces, are typically used by multiple parties, and rules are often set to manage how these spaces can be accessed and utilized. The use of common areas is generally governed by agreements, such as lease contracts or community rules, to ensure that everyone has fair access and that the areas are properly maintained.
For example, in a residential apartment complex, common areas like the lobby, parking lot, and laundry facilities are shared by all tenants, and the management may set guidelines for how these spaces should be used, including hours of access and restrictions on activities.
Why is use of common areas important?
The use of common areas is important because it ensures that shared spaces are used in an orderly and fair manner. Without clear guidelines, conflicts could arise among users, and these areas could become overcrowded, poorly maintained, or misused. By setting rules for the use of common areas, businesses, property managers, and communities can maintain a safe, clean, and functional environment for everyone involved.
For businesses or property owners, managing the use of common areas is also essential for ensuring compliance with legal regulations and maintaining the value of the property. Clear guidelines help prevent issues such as damage to shared spaces, excessive noise, or liability concerns.
Understanding use of common areas through an example
Let’s say a company rents office space in a building with a shared break room and conference rooms. The lease agreement includes a clause that outlines how these common areas should be used: employees must clean up after themselves, conference rooms need to be reserved in advance, and noise levels should be kept to a minimum. This ensures that everyone in the building has equal access to the spaces and that the areas remain functional and comfortable for all tenants.
In another example, a residential community has a swimming pool and fitness center that are shared by all residents. The homeowner’s association (HOA) sets rules about pool hours, the number of guests allowed, and behavior in the fitness center to ensure that these spaces are used responsibly and remain in good condition.
An example of a use of common areas clause
Here’s how a clause like this might appear in a contract:
“The Parties agree to share the use of common areas, including but not limited to [list common areas], in accordance with the established rules and regulations. Each Party is responsible for maintaining cleanliness and ensuring the proper use of these spaces, and access will be provided based on availability and scheduling.”
Conclusion
The "use of common areas" is about managing shared spaces in a way that ensures fairness, safety, and maintenance for all parties involved. Whether in a residential community, office building, or any other shared facility, clear rules are essential for preventing conflicts, protecting the property, and ensuring that everyone can make the most of the common areas. By establishing guidelines, property managers and tenants can help create a respectful and efficient environment for all.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.