Common areas within an apartment community are those areas to which residents have access, as do owners and operators, but which are not open to others except by invitation of the owner or operator or a resident. These may include parking lots, sidewalks, courtyards, pools, playgrounds, and other amenities. The right to use these areas and the limitations upon their use are subject to the discretion and control of the owner or operator and, unless a material term or provision of the lease is breached, the owner or operator may alter the rights and limit the use of the common areas at any time.

Significantly, common areas are not open to public use, and owners and operators should not allow them to be regarded as such. This does not mean that an owner or operator cannot let a little league baseball team practice on an open grassy area. Still, it does mean that the team has no right to do so, or even to be present, without the permission of the owner or operator. The owner or operator has the right to exclude people for any reason or no reason at all and is not required to tolerate any claim of “free speech” by a non-resident on the property.