Selling Guide

Published April 07, 2021

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What are the requirements for common elements and shared amenities in a condo project?

Full Review Eligibility Requirements

Common elements and facilities, such as recreational facilities and parking, must be consistent with the nature of the project and competitive in the marketplace.

Unit owners in the project must have the sole ownership interest in, and rights to the use of the project’s facilities, common elements, and limited common elements, except as noted
below.

Shared amenities are permitted only when two or more HOAs share amenities for the exclusive use of the unit owners. The associations must have an agreement in place governing the arrangement for shared amenities that includes the following:

  • a description of the shared amenities subject to the arrangement;
  • a description of the terms under which unit owners in the project may use the shared amenities;
  • provisions for the funding, management, and upkeep of the shared amenities; and
  • provisions to resolve conflicts between the associations over the amenities.

Examples of shared amenities include, but are not limited to, clubhouses, recreational or fitness facilities, and swimming pools.

The developer may not retain any ownership interest in any of the facilities related to the project. The amenities and facilities—including parking and recreational facilities—may not be subject to a lease between the unit owners or the HOA/co-op corporation and another party. Parking amenities provided under commercial leases or parking permit arrangements with parties unrelated to the developer are acceptable.

For additional information, see B4-2.2-02, Full Review Process.

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