FREQUENTLY ASKED QUESTIONS

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About AMS

Association Powers and Decision Making

Association Structure and Funds

Common Interest Developments (aka Homeowner Associations)

Director Election and Term

Enforcement and Disputes

Insurance and Liability

Maintenance, Alteration, and Defects

Meetings and Decisions

Mortgages and Liens

Officers, Managers, and Committees

Owner Assessments

Ownership and Possession

What do the terms percentage interest and common interest mean?

The terms “percentage interest” and “common interest” are used only when the shared area is jointly owned by the individual owners (rather than by the association). In these cases, terms “percentage interest” and “common interest” refer to the percentage share of the common area/common element owned by an owner. An owner’s “percentage interest” or “common interest” does not necessarily determine that owner’s usage rights or cost responsibilities.

What is a party wall?

The term “party wall” usually means a shared wall, fence, or other building element that sits on the border of two or more lots or between two or more units in a condominium. Where there are party walls, the CC&Rs will usually allocate responsibility for maintenance, impose restrictions on alterations, and provide access rights for maintenance. When the CC&Rs are silent on any of these issues, general rules of law apply. These laws are complex and beyond the scope of this article. For additional information, consult an attorney.

Who owns the common area in a homeowner association?

Title to the common area can be held by the homeowners’ association in a planned unit development or by the owners of percentage shares in a condominium. The decision is made by the developer at the time the governing documents are prepared and is very difficult to change later. To determine who owns the common area in an association, refer to the CC&Rs. The method of common area ownership has no significant consequences in a properly insured association. Note that in condominium projects, title to the common elements must be by undivided interest to all owners. The percentage held by each owner does not necessarily determine that owner’s usage rights or cost responsibility.

Use of Common Area

Is each owner entitled to use the common area, regardless of their ownership and assessment percentage?

Each owner in a condominium project or planned development is equally entitled to use all common area (other than Limited Common Elements) regardless of ownership or assessment percentage. However, governing documents may contain more specific requirements and limitations.