Common Areas (Common Properties)

What counts as Common Property

The Declaration defines "Common Properties" / "Common Areas" as land "intended for the common use, enjoyment and/or benefit of all Members" and explicitly includes the Private Open Space Tracts designated as Tract A and Tract B (Source: Declaration Article I.F).

The Rules and Regulations Handbook elaborates that Common Areas include:

• Private streets
• Parking areas
• Retaining walls
• Curbs, gutters
• Utilities thereon
• Landscaped areas

(Source: Rules and Regulations / Welcome Handbook — Common Elements.)

Members' easement of enjoyment

Every Member has an easement and right of enjoyment in and to the Common Properties. The easement is appurtenant to and passes with title to every Lot upon recordation of a contract of sale (Source: Declaration Article III § 1).

Limits on the easement

The Association may (Source: Declaration Article III § 3):

• Limit the number of guests of Members.
• Suspend an Owner's enjoyment rights to any Common Property while any assessment remains unpaid, or for up to 30 days for any infraction of published rules and regulations.
• Mortgage Common Properties as security for a loan to improve them or any Lot, subordinate to the Declaration and Plat.
• Dedicate or transfer all or any part of Common Properties to a municipal corporation, public agency, or authority — but only with a Members' vote of approval and written approval by the City.
• Grant easements over Common Properties to public agencies/utilities as needed for subdivision development, subject to written City approval and protection of trees in the Private Open Space Tracts.
• Adopt reasonable rules and regulations regarding Common Properties use, subject to City approval.

The Association also has these limits enumerated:

• Private Open Space Tracts may be used only for passive recreational purposes such as walking and picnicking, and no other use may be made of the Private Open Space (Source: Declaration Article III § 3.G).

Title and ownership

The Declarant was required to convey Common Properties to the Association no later than December 31, 2001 (or sooner) (Source: Declaration Article III § 2; 1999 Declaration Article III § 2).

Maintenance

The Association is responsible for maintaining and repairing all Common Properties, including Tracts A and B, funded by assessments. The City has the right to enforce these maintenance obligations at the Association's and Owners' expense (Source: Declaration Article III § 4).

See Private Open Space and Wetlands for the wetland-specific maintenance plan and Maintenance Responsibility for the full split.

Easements over the Common Area

Declarant has granted easements over, under, and upon the Common Area for the Association and all Owners for (Source: Declaration Article VIII § 2):

• Installation and maintenance of power, gas, electric, water, and other utility and communication lines.
• Construction, maintenance, repair, and use of Building Structures, Common Area, and any common facilities thereon.
• Repairs to existing structures on the Common Area or any Building Structures.

The City and public utility/agency authorities have rights to construct, replace, enlarge, and maintain public facilities along public easements — they are not responsible for replacing landscaping, fencing, shrubs, or trees within those easements (Source: Declaration Article VIII § 3).

Right of entry on Lots

In addition to other rights, the Association may enter Lots for emergency, security, or safety purposes, exercised by Board, officers, agents, employees, managers, and emergency personnel. Except in an emergency, entry is only during reasonable hours and after reasonable notice (Source: Declaration Article XII § 4).

Owner-permitted plantings on Common Areas

Where the Association has permitted an Owner to plant a portion of Common Properties (other than Tracts A and B) under an approved landscaping plan, the Owner is thenceforth obligated to maintain that planting at their own expense; failure entitles the Association to maintain it and charge the cost as an assessment (Source: Declaration Article IX § 2).

Sources

• source/2025.07.07_summitridge townhomes_amended and restated declaration.md — Articles I.F, III, VIII, IX, XII § 4
• source/2026-0304-SRTHHOA-Rules and Regulations.md — Common Elements
• source/590 Welcome Handbook and Resolutions.md — Common Elements