Rights of apartment co-owners on common areas

A common area is a piece of land held in common by more than one person. Lot of disputes arise between occupants of apartment complexes concerning the use of the common areas. The people who jointly hold the common areas are known as co-owners irrespective of the size of their holdings. By understanding the nature of common areas this problem can be solved.

Rights and limitations of co-owners:

Every co-owner owns every square inch of the land held in common and hence every co-owner is entitled to walk upon and use every piece of the property.

However, there are certain limitations to be followed in terms of using the common areas.

No co-owner can enjoy the common property in a way which causes detriment to another co-owner or a co-owner cannot put up a permanent structure on a common property or put the common property for any exclusive use. Therefore, co-owners right to enjoy the common areas is limited to the right of the enjoyment in commonality.

However, a co-owner has the right to seek partition and separate the possession of the common area. But, this right can be given up by signing an agreement in writing by all the co-owners.

Co-owners are also entitled to release their shares in the property to and in favour of other co-owners by making of Release Deed. In case a co-owner dies, his/her share of common property will entrust upon his/her legal heirs. However, in the death of a co-owner, his common share can be transferred to other co-owners.

Know your common areas:

Every co-owner should check their sale deed and construction agreement. One should examine what are the portions which are intended to be common areas.

Confirm access:

It is only possible for the association of flat owners to debar access or enjoyment to the common areas to people who have failed to pay the maintenance fees. It is important that the association should use such powers in a right manner. Also no single co-owner or builder will have an exclusive key to the common areas.

Confirm maintenance of commonality:

If a single co-owner refrains other co-owners from using the common areas, for eg: by building permanent structures or keep a portion of common area to himself/herself, the association can take action against the co-owner or even approach the court for the same.

Maintenance:

The association should make sure that the common areas are clean, clear and free from any hindrance or encroachment. Also every apartment owner should maintain the common areas neat and are easily accessible to everyone.

Respect demarcation:

There are possibilities that the apartment association can demarcate certain common areas for various reasons and if this happens, everybody should respect the demarcation.