Q. Do HOA Members Own Common Areas?
A. No, they do not own common areas. This article will help explain…
A frequent point of confusion for Garden Patio Villas‘ Members is the exact nature of “ownership” regarding shared spaces. While you pay quarterly maintenance frees to maintain the clubhouse, the pool, and grass outside your front/back door, the legal reality of who “owns” that land depends entirely if you live in a Condo or Homeowners Association (HOA).
In Florida, the distinction is defined by two separate chapters of the Florida Statutes. The legal structure of your community dictates whether you are a collective owner or a member of a corporation.
| Feature | Condominium (Chapter 718) | Homeowners Association (Chapter 720) |
| Legal Term | “Common Elements” | “Common Areas” |
| Ownership | Collective: Every unit owner owns an “undivided share.” You are a co-owner of the land. | Corporate: The HOA corporation owns the land. Members do not hold a deed to it. |
| Responsibility | Owners share the cost of maintenance, but the board manages the upkeep. | The Association is solely responsible for maintenance, funded by Member dues. |
In a Condo (Chapter 718), you own your individual unit plus a percentage of everything else—the roof, the hallways, and the grounds. In an HOA (Chapter 720), you typically own your specific lot and home, while the Association (as a legal entity) owns the roads, sidewalks, and a majority of the green space.
If you live in a villa in our HOA, it is easy to assume that the grass between your villa and the street belongs to you. It is typical to think everything you see in front or in back of your villa you own. However, in most Florida HOAs, the area in front or in back of your villa is Common Area.
Because a majority of the land is owned and maintained by our Association, specific rules apply to ensure community uniformity and safety:
These restrictions exist to protect the community’s aesthetic value and to prevent liability issues, such as roots damaging underground utility lines or tripping hazards near the street. While you have the right to enjoy the beauty of common spaces, any personal gardening or “improvement” must stay within the boundaries of your own deeded lot—and even then, requires submitting an ARC form (Architectural Review Committee) or a Planting/Landscaping form for approval prior to anything being done.
Always contact a Garden Patio Villas’ Board Member if you have questions about your property boundaries and what can or can’t be done. Have some good ideas? We are here to help you!
