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legal definition of a common area ?

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  • 21-11-2007 10:36am
    #1
    ondafly
    Registered Users Posts: 2,178 ✭✭✭


    In our apartment complex, there are a number of balconies, which it is believed, are causing leaks to the apartments below. We have been told, that the balconies are common areas, and as such all properties owners as a group are liable for repairs etc.

    I was under the impression, that a common area is a patch of land/area, where I as an apartment owner, can walk freely on (i.e. to read a book on a chair). However the balconies can only be accessed by going through the apartments connected to them.

    I'd appreciate any advice / suggestions people have ?


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    #2
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    The common area's in any apartment block usually being gardens, lobby area's. halls etc etc are actually owned by the management company (ie. all the owners of apartments make up the management company) provided they are handed over by the builder this is usually done when the last remaining apartment is sold in the complex. With regards to your balcony yes it is too owned by the management company but you will probably find that in your lease the you got when you purchased the apt it says that you would have sole use of the balcony and would be responsible for any R&M (Repairs and Maintains) that is required.


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    #3
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    It will specify in your Lease Contract exactly what the common area is defined as. It would not be unusual for the balcony to be considered "common area" with private access and for private use.

    But from the sound of things, yes, the management company would be liable for repairs.


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    #4
    How Strange
    Registered Users Posts: 6,339 ✭✭✭How Strange


    Balconies are usually considered common areas so while the owner is responsible for maintaining the balconies on a day to day basis, any structural repairs, painting etc would be undertaken by the management company.

    With regards to the leaks, the management company should engage a consultant surveyor (if they haven't already done so) to define the nature of the leaks and see if they have arisen out of a structural defect (especially if the building is relatively new) or through normal wear and tear (if older). If it is a new build (less than 5 years I think) then the developers may have to cough up for the cost of repairs.

    Either way, it would be prudent for the management company to take charge of the problem and ensure that all leaks are repaired asap and measures are taken to ensure it does not reoccur. The owners will pay through their service charges but you have the peace of mind of knowing that someone is taking charge and resolving the problems.


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