What are Apartment Common Areas? + FAQs

Renters looking for a new place to live know that it's not just about finding the right apartment. The common areas of your rental property used by all tenants can also make or break your experience.

Some people interchange the concept of common space and amenities, but they're actually two different things. Almost all apartment amenities are common areas, but not all common areas are amenities. While it may sound like a riddle, we'll break down everything you need to know about common areas and what to look for during your apartment hunt.

Examples of Common Areas

Other amenities that serve as common areas may include on-site gyms, pools, tennis courts, and business common areas. However, areas like parking lots, sidewalks, stairways, hallways, elevators, laundry facilities, lobbies, and mailrooms are all common areas that are not considered amenities.

Think of common areas as functional, shared spaces that everyone uses for a specific purpose, like laundry. The same common areas are usually available in most apartment complexes. If you live in a smaller building, you may not have laundry rooms or lobbies, but hallways and stairways are universal in just about every apartment complex.

Amenities are like perks that vary between apartment buildings and are shared among all tenants. Taking a dip in your apartment complex swimming pool is a bonus to living in your building and also shared by all.

Things to Know About Common Areas

Before signing a lease, look through the agreement to review any common area rules. There may be quiet hours for your hallways, room capacity for the pool or laundry room, and rules about lingering in the lobby or mailroom. Make sure you understand all your common areas' restrictions, and if they align with the experience you're looking for.

Commons areas may also work a little differently depending on where you rent or own your apartment or condo. For example, when you own and are part of a condo association or homeowners association, this group's common areas are jointly owned. Ultimately, the group has the final say on any rules, maintenance and upkeep, and how the owners distribute these costs.

Legal Implications of Common Areas

Common areas are for the enjoyment of the community of the building, but there are legal implications. For starters, common areas can be used for other purposes, like hosting a gathering in a common business area. However, common areas can't be converted permanently. So if you decide to park in an open area leading into the courtyard that no one uses, it doesn't mean it's now a parking space. The common area has many co-owners, and the association controls how the joint space is used.

Common space also can't be bought and sold, which building developers or condo owners may attempt to make the property more desirable. Trying to sell exclusive rights to a terrace or rooftop is illegal. Unless a balcony or terrace is connected to a unit, the space belongs to all the co-owners in the association.

However, there is a caveat. Sometimes there are gray areas in cities like New York City, where tenants and owners sometimes have exclusive roof access due to private entrances, but that doesn't mean they own the amenity. The situation usually requires association access for repairs without it being considered trespassing.

Do You Have to Pay for Apartment Amenities You Don't Use?

Yes. Apartment owners pay for the maintenance of all common areas and amenities, even if they don't use them. But what does that mean for renters? The cost is usually passed down to the tenant directly or rolled into the rent. Otherwise, the owner of the unit is paying for the common areas out of their own pocket. Whoever pays for the fees, renters should know that the apartment or condo association cannot charge tenants and owners differently for the use of common space.

Why Do You Need to Pay for Common Areas?

The fees for common areas aren't about accessing the space; they’re about paying for maintenance and upkeep. Maintenance-related costs might go towards shoveling snow on the sidewalk in front of your building, landscaping a courtyard garden, and fixing laundry machines. The more common areas and amenities you have, the higher the fees.

What Happens if the Association Doesn't Do Any Upkeep?

Renters and owners have the right to access common space and expect it to be in working order. Scheduling and waiting on maintenance is an understandable occurrence, but if the association does nothing about molding carpet in the hallway, a pool that's closed due to a broken pump, or peeling ceilings in the lobby is another. Renters should take their complaints to the owner of their property. It can take time to resolve association issues, and a board member will usually need to be removed and replaced by someone else in order to see action.

Are There Any Downsides to Common Areas?

While there aren't necessarily downsides to having common areas in your apartment building, your expectations may not align with the reality of the situation. For example, the association may maintain the hallways, but you could find they're not well lit or cleaned as regularly as you want. The pool may also be small and overcrowded, and the laundry machines are so outdated that it takes forever to wash and dry your clothes.

Before signing a lease, look for online reviews or ask friends and acquaintances what they know about the apartment complex so you know what to expect. If the rent is a steal, lackluster common areas may be worth the trade-off. Otherwise, you may want to take a step up in your rent to score the rooftop terrace with a cookout area and updated gym you're looking for.

Final Thoughts

Common areas and amenities are attractive to renters looking for functional areas and perks like pools and on-site laundry. Ask about the rules and fees to see if they align with your expectations before signing your next lease.

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