Common property is property held or designated for shared ownership or use within a development, rather than belonging exclusively to one individual unit. In condominium and strata law, its legal classification depends on the governing statute and recorded documents—not simply on who can reach it or who uses it most.

A balcony reserved for one apartment may still be common property. That does not, by itself, tell you who must clean it, repair its structure, arrange the work or ultimately pay. U.S. documents often use “common elements” or “common area”; British Columbia uses “common property” and “limited common property” within its strata system. The examples below are jurisdiction-specific.

How to identify common property

Start with classification → use rights → repair duty → cost allocation. Treat these as separate questions, using five checks:

1. Identify the jurisdiction and type of development. A condominium, planned development, cooperative and British Columbia strata can have different ownership structures. Do not apply another building's terminology as if it were law for yours.
2. Read the recorded plan and boundaries. Locate the unit or strata lot, the disputed item, the legend and any amendments. A wall's surface, structure and services can have different legal classifications. Check registered sketch plans and designations as well as the original drawing.
3. Read the declaration or equivalent title documents. Find definitions, ownership shares, easements, unit boundaries and limited-use allocations. A sales brochure or long-standing habit does not establish that a space is privately owned.
4. Check bylaws, rules and special-use permissions. Ask whether the area is formally limited common property, subject to a temporary exclusive-use arrangement, or simply used informally. Also check alteration approvals and any associated maintenance agreement.
5. Read the repair, insurance and expense provisions separately. Determine who organizes maintenance, who repairs or replaces, what insurance covers and how costs are allocated. A duty to perform work is not automatically an insurance decision or a finding that someone caused the damage.

The Province of British Columbia's common-property guide shows why the plan legend and Land Title Office records matter. “SL,” “C” and particular patio or porch symbols must be interpreted through that plan's own legend, not assumed to mean the same thing on every drawing.

Common property compared with similar terms

“Common-law property” in a discussion of marriage is another different subject: it concerns marital ownership rules rather than the classification of building areas. For example, California's Family Code § 760 addresses property acquired during marriage while domiciled in that state, subject to statutory exceptions. That question can coexist with, but does not answer, whether a balcony is common area.

Who owns and may use common property?

Ownership and management can belong to different legal actors. In British Columbia, section 66 of the Strata Property Act provides that owners hold common property as tenants in common in shares based on unit entitlement. The strata corporation controls it for the development; that does not make it the sole beneficial owner. Owners' use remains subject to lawful statutory, bylaw and rule restrictions.

Limited common property, or LCP, remains common property despite being reserved for one or more strata lots. A short-term exclusive-use permission under section 76 is a different arrangement; it does not automatically create LCP or transfer title. Review the actual designation or permission, including conditions and any renewal provisions.

In Florida, the Condominium Act's definitions distinguish a unit, its appurtenant undivided common-element share, and association property. Property owned or leased by an association is not necessarily identical to common elements owned in shares by unit owners.

California's common-interest-development definitions distinguish condominium ownership from planned developments and other forms. The recorded estate and governing documents matter; “the HOA owns everything outside my front door” is not a reliable universal rule.

Who pays for repairs and maintenance?

First identify who must arrange the work. Then examine funding, insurance, deductibles, damage liability and any valid allocation of expenses. Routine maintenance, structural repair and replacement may have different responsible parties.

British Columbia: read the Act and the actual bylaws

Sections 66, 68 and 72–77 of the Strata Property Act's property provisions address ownership, boundaries, repair duties and exclusive use. Section 72 generally makes the strata corporation responsible for common property and common assets. A bylaw can make an owner responsible for LCP the owner has a right to use; shifting duties for other common property is subject to the Act's narrower regulatory conditions.

The Act and Schedule of Standard Bylaws must be read together. Under section 120, the Standard Bylaws apply except to the extent different bylaws are filed. A bylaw cannot simply override the Act.

This matrix describes the unamended Standard Bylaws, not every BC building:

For LCP, Standard Bylaw 8 covers work ordinarily occurring less often than once a year, and listed items such as structure, exterior, balconies, exterior doors/windows and enclosing railings regardless of frequency. “Owners do cleaning; strata does major repairs” is therefore only a rough shorthand. The actual bylaw, component and nature/frequency of the work determine the answer; the price alone does not.

California and Florida: different statutory defaults

Under California Civil Code § 4775, declaration provisions can alter the general allocation: the association ordinarily repairs, replaces and maintains common area, while an owner ordinarily maintains appurtenant exclusive-use common area and the association repairs and replaces it.

The current section also addresses interrupted gas, heat, water and electrical services beginning in common area, including work extending into a separate interest. Its allocation has declaration and utility-provider qualifications. Subject to the section's emergency exceptions, the board must commence the required repair process within 14 days; this is not a promise that every repair must be finished within 14 days.

Florida § 718.113(1) generally assigns common-element maintenance to the association, with declaration-based allocation for limited common elements. The declaration can also provide for association maintenance charged only to those entitled to use particular limited common elements. The party arranging work and the people bearing its cost can therefore differ.

Six items that often cause disputes

These are issue-spotting examples, not conclusions about an unseen building:

• Pipe or drain: trace the service and read the statutory definition. In BC, certain boundary services and services within one lot intended for another lot or common property are common property. A pipe being behind your wall does not settle ownership, repair or insurance. Collect the plan and a plumber's description.
• Exterior wall or window: separate finishes, structure, frames and glazing. Check recorded boundaries, the declaration and repair bylaws. BC's Standard Bylaw 8 can assign specified exterior work to the corporation even where a component relates to one strata lot; California's boundary/default rules are different.
• Balcony or patio: check the plan's LCP designation, amendments and any alteration agreement. Under unamended BC bylaws, balcony structure is not reassigned to the user merely by calling the work “maintenance.” Surface cleaning and a structural defect need separate analysis.
• Parking stall: locate the stall on title documents and identify whether it is a lot, LCP or common property under a use permission. An allocation letter is not necessarily proof of ownership; compare its terms with the recorded plan and resolutions.
• Storage locker: check whether title or a registered designation attaches the space to the unit, or whether use depends on a permission. Read that instrument before assuming an arrangement transfers with a sale.
• Snow or debris removal: identify the area and the work actually required. For LCP, compare the routine task with Standard Bylaws 2 and 8 and the building's amendments. A general “exclusive use” label does not authorize ignoring the applicable duty or a safety problem.

What to collect before raising a dispute

Keep a focused record:

• The current recorded plan, legend, declaration, title information and amendments or registered sketch plans.
• Filed bylaws, applicable rules, LCP designations, permissions and alteration approvals or agreements.
• Photographs, repair history, professional findings, notices and correspondence describing the problem and requested work.
• Insurance documents, any coverage decision, budget or assessment allocation, and the current relevant statutory provisions.

Write to the board or strata council identifying the component, classification, proposed duty and supporting document passages. Ask for the provision supporting any refusal or charge, and separate an urgent safety response from the later dispute about cost. In BC, section 34.1 allows an owner or tenant to request a council hearing in writing stating the reason. If disagreement continues, check the applicable dispute forum, procedure and time limits and obtain advice; do not assume withholding assessments or doing unauthorized structural work is an effective remedy.

Common-property questions answered

What does common property mean in simple terms?

It usually means shared property within a development. The legal boundaries, ownership interests and rights depend on the relevant statute and recorded documents.

Is common property the same as public property?

No. Shared ownership within a private development does not give the public unrestricted access. Separate public rights, easements or access obligations must still be checked.

Does the association always pay for repairs?

No. The association may arrange work while costs are allocated through assessments, limited-use provisions or other lawful arrangements. Insurance and responsibility for damage are additional questions.

Is limited common property owned only by the person using it?

Not in BC's strata framework: LCP remains common property designated for exclusive use. The designation and bylaws affect use and duties without automatically transferring ownership.

Use the plan to identify the property, then read the law and governing documents for each responsibility. When those sources are unclear or conflict, seek an interpretation of the actual documents rather than relying on who has historically used or cleaned the area.