How is ‘common property’ specified?

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How is ‘common property’ specified?

Is it only through your deed? My homeowners’ association feels that common property is anywhere they choose it to be. All our deeds are fee simple, with Lot and Block delineations, and without any mention of common property or any percentage of other ownership. Aside from

allowing for utility access, are they legally permitted to do whatever they want?

Asked on August 9, 2018 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If it is on YOUR deed, without any easement, then it is YOUR property, not common property. Common property is property owned by the community or at least which can be used by any member of the community (e.g. roads, sidewalks). Anything which is owned solely you and which you have the right to generally exclude people from (e.g. your yard, your front walk, your home) is not common property. The terms says it all: common property has common ownership and/or use.


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