When a person buys a condo, how do they hold title to the common areas?

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When a person buys a condo, they typically hold title to the common areas as tenants in common. This form of ownership means that each condo owner has an undivided interest in the common areas, such as hallways, pools, and other shared facilities. The key characteristic of tenancy in common is that it allows multiple owners to hold a share in the property without dividing the property itself.

In a tenancy in common arrangement, each owner can independently sell or transfer their share of the common areas, and upon their death, their share would go to their heirs rather than being automatically passed on to the other owners. This structure is essential for condominium associations, as it ensures that all owners maintain rights to the common areas while also having the flexibility to manage their individual units.

While sole and separate ownership refers to an individual owning property outright without any shared interest, joint tenancy involves rights of survivorship between joined owners, and community property typically involves married couples sharing ownership equally. These alternatives do not apply to the shared structure of condo ownership where multiple independent owners co-exist.

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