In relation to real property, what does the term "common elements" refer to in a condominium?

The term "common elements" in the context of a condominium refers to shared spaces within the condominium building that are collectively owned by all unit owners. These common elements include areas such as lobbies, hallways, swimming pools, gyms, parking lots, and landscaping. The ownership structure in a condominium allows individual unit owners to have exclusive ownership of their units, while also allowing them to share ownership and responsibility for the maintenance and use of common areas.

Understanding this concept is crucial because it illustrates how condominium ownership differs from traditional single-family home ownership, where the owner has complete control over both the structure and the surrounding land. In condominiums, while unit owners have exclusive possession of their individual units, the common elements are governed by the condominium association, which is responsible for maintaining these shared spaces and ensuring they meet the needs of all owners.

This shared ownership is what fosters a sense of community among residents, but it also means that decisions regarding common elements typically require the input and agreement of all unit owners, often detailed in the condominium’s bylaws.