What is the difference between a common area and a limited common area in a condominium?

What is the difference between a common area and a limited common area in a condominium?

A common element is normally defined as all parts of the condominium other than the units. A limited common element is a common element that is restricted for the exclusive use of one or more but less than all of the unit owners.

What do you actually own when you buy a condo?

Basically, condo buyers will own the condominium unit itself, and what’s called an “interest” (along with all the other owners) in the “common elements” (sometimes called “common areas”) of the condominium project.

What is a common area in a condo?

What is considered common area in a condominium? Common areas are all elements of the condominium development, which are not documented as being part of an individual unit. A homeowners association usually maintains common areas on behalf of all owners.

Can you smoke in your condo?

Currently, there is no statewide law prohibiting smoking in private residential units in California, such as apartments and condos. This applies to both public and private housing, and it applies to all residents, regardless of how long they have lived in the unit.

Is it rude to smoke on your balcony?

Yes, smoking on a balcony does get smoke into the apartment above. Second-hand smoke is a carcinogen that is worse than smoking it filtered through your cigarettes. They second floor tenants will have grounds to have you evicted if you don’t stop.

Is cigarette smoke considered noxious?

The US General Surgeon and CARB classifying second hand smoke as a toxic carcinogen, something the legal definition of noxious seems to apply. I realize the CC&R’s don’t explicitly prohibit smoking but the existing language leans more towards precluding than including cigarette/marijuana smoke.

Can you sue someone for smoking around you?

Sue Your Neighbor Even if the smoker doesn’t live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).

What can I do about Neighbours cigarette smoke?

If you are affected by smoke, smell or noise nuisance from neighbours or nearby industry, you can ask your local authority to take action – or you can take action yourself – under the Environmental Protection Act 1990 (EPA).