No, when you purchase a condominium in California, you generally do not own the land beneath or surrounding the building. Instead, your ownership is typically limited to the "air space" within the boundaries of your specific unit.
Understanding Condominium Ownership
When you buy a condo, you are purchasing a unique form of real estate where you own the interior space of your unit (often described as "air space") and an undivided interest in the common areas of the development. These common areas can include shared hallways, lobbies, recreational facilities, roofs, and importantly, the land itself.
- Your Unit: Your ownership (known as "fee simple") primarily covers the dimensions of your individual unit, from the inner surface of the walls, floors, and ceiling. This means you own everything inside those boundaries.
- Common Areas: The land, exterior walls, roof, foundation, and shared amenities are typically owned collectively by all the condominium owners as tenants in common. This collective ownership is usually managed by a Homeowners Association (HOA).
Condo vs. Townhouse: A Key Distinction
It's crucial to understand the difference between a condominium and a townhouse, as their ownership structures differ significantly, especially concerning land.
| Feature | Condominium (Condo) | Townhouse |
|---|---|---|
| Land Ownership | You do not own the land; it's a common area. | You typically own the land on which your unit sits. |
| Unit Ownership | Interior "air space" of your unit. | The structure itself, including exterior walls and roof. |
| Air Space | Within your unit's boundaries. | Above your unit, often up to about 500 feet. |
| Common Areas | Extensive shared ownership (land, building exterior). | Limited shared ownership (e.g., private roads, shared amenities). |
| Association | Almost always governed by an HOA. | Often part of an HOA, especially in planned communities. |
This distinction highlights that while both condos and townhouses often come with HOA fees and shared amenities, the fundamental property rights regarding the land are different. For a townhouse, you own the land directly beneath your unit and the air space above it, while for a condo, the land is a shared asset.
Why This Matters
Understanding what you own in a condo is vital for several reasons:
- Maintenance Responsibilities: The HOA is typically responsible for maintaining the common areas, including the land, landscaping, and the exterior of the building. Your responsibility is generally limited to the interior of your unit.
- Property Taxes: While you don't own the land directly, your property tax assessment will reflect your share of the entire property's value, including the land and common elements.
- Renovations and Modifications: Any exterior changes or alterations to common areas, including landscaping on the land, typically require HOA approval.
For more detailed information on California condominium ownership, you can consult resources from the California Department of Real Estate or a qualified real estate attorney.
