In a condominium, who owns common elements such as elevators, pools, and hallways?

In a condominium, common elements such as elevators, pools, and hallways are owned by all current unit owners as tenants in common. This means that each unit owner holds an undivided interest in these common areas. Each owner has the right to use the common elements, but they do not own a specific portion of these elements outright. Instead, their ownership is shared collectively with all other unit owners.

The concept of tenants in common allows for multiple individuals to share ownership of a single asset, in this case, the common elements of the condominium. This arrangement permits each unit owner to benefit from and utilize the common areas while also contributing to any associated maintenance and operational costs through homeowners association fees.

This approach differs from other types of ownership. For instance, tenants by the entirety usually refers to a joint ownership arrangement available only to married couples, which is not relevant in this context. Similarly, joint tenancy implies a right of survivorship and is not applicable to the shared ownership structure of common elements in a condominium. Each unit owner's undivided share in the common elements means they collectively own and manage these areas, reflecting the nature of condo living where communal spaces are integral to the community.