What you must know about the common area in your co living nyc?
Common area is an indivisible area that has ownership of every resident that lives in the residence. As per the The Apartment Act of a state as well as the Real Estate (Regulation and Development) Act, 2016 help define and govern the common area in an apartment complex.
When you are living in co-living, you need to keep lots of things in mind, if there is a common area in your space, you can not use it in whatever way you want to use, there are some stated rules that you have to abide by. In this article, we will try to give you all the details about the common area that will make it easier for you to have a better coliving nyc.
What defines the common area?
As per the real Estate (regulation and development) act, 2016, the common area in an apartment complex comprises of following:
- The entire land for the real estate project, or if the project is developed in phases and registration under the RERA is asked for a phase, the entire land for that particular phase.
- Common terraces and basements, parks, play areas, open parking areas and common storage spaces.
- Water tanks, pumps, motors, compressors, fans, ducts, and all apparatus are there for common use.
- All community and commercial facilities as provided in the real estate project.
- All the central services including the electricity, gas, water and sanitation, air-conditioning and incineration, and system for water conservation and renewable energy.
How to maintain common area
When it comes to the common area, first it is taken care of by the builder and once apartments are allocated to the residence, then it becomes the obligation of the residents to take care and maintain the common area. They are to be maintained with the consent of all the residents living around it. They have to decide how they need to maintain it. However residents can not divide it and they have to maintain a common area collectively.
No resident can encroach upon the common area or can claim the ownership of any area.
What is the cost of the common area?
Residents living around are responsible for making repairs in the building. wHatever cost is incurred in the repair, it is taken equally from each resident. They manage it with the establishment of the residents association. The real Estate act, 2016, states that every allottee should be responsible to make the payment towards the maintenance of the surrounding premises.
However, the builder is obliged to take care of the maintenance and upkeep of the building.
It does not matter if a resident is staying in an apartment or not, still he will have to make the payments to the repairs of the building. You can not exempt yourself from payment to the maintenance charges. There might be many facilities such as swimming pools, gym, playgrounds. If you are not using them at all, you claim that you will not pay anything, but you can claim them, you will have to pay irrespective of whether you use it or not.
Who is responsible for Common area maintenance of the commercial building?
If a property in which you are living is owned by a landlord, then it is the responsibility of the landlord to upkeep and maintain the building. However you may have to incur some charges. Changes may include such as payments towards insurance, repair, property maintenance and other charges.
What is the character of the common area?
You need to keep in mind that common areas can be used for other goals and they can not be converted into areas specifically for the common interests of an individual. For example, if someone chooses to park in a common area, it will not be declared as an official parking area, rather it will be what the rules state.
If you are familiar with the above rules, it will make it easier for you to co-live in the common area. There will be less chances of troubles and conflicts. You will be able to accomodate with them.