Limited Common Area Rights Agreement
A Limited Common Area Rights Agreement is a legal document used primarily in the context of condominium or homeowners’ associations that specifies the rights and responsibilities related to certain common areas that are designated for the exclusive use of specific unit owners.
This agreement delineates which parts of the common property are considered "limited common areas" and grants specific rights to certain residents to use these areas, while other residents do not have access. Common examples of limited common areas include balconies, patios, parking spaces, or storage areas that are assigned to individual units.
The Limited Common Area Rights Agreement typically covers the following:
-
Identification of Limited Common Areas: The agreement clearly identifies the areas of common property that are designated for the exclusive use of certain unit owners.
-
Usage Rights: It outlines the rights of the designated unit owners regarding the use and enjoyment of these limited common areas. This may include rules on maintenance, modifications, and responsibilities for upkeep.
-
Maintenance Responsibilities: The agreement often specifies who is responsible for maintaining the limited common areas, which may be the unit owner or the association itself.
-
Transferability: It may include provisions for transferring these rights if a unit is sold or rented, ensuring clarity on who has access to the limited common areas at any given time.
-
Dispute Resolution: The agreement may contain mechanisms for resolving disputes related to the use and maintenance of the limited common areas among owners.
By having a Limited Common Area Rights Agreement in place, condominium and homeowners’ associations can help prevent conflicts among residents regarding the usage of shared spaces and ensure that the responsibilities for upkeep and maintenance are clearly defined.
« Back to Glossary Index