Co-ops and Chametz in Common Areas

Rav Yosef Kushner, Dayan in The Bais HaVaad

Question: If someone lives in a co-op -style housing complex, such as a senior living community, which has common areas that are owned communally by the residents, does he have to be concerned about chametz being in those places on Pesach?

Answer: The residents who live in these kinds of communities are all partners in regards to ownership of the common areas. To a degree, they all are owners. This creates a big problem if non-Jews or non-religious Jews leave chametz in the common areas, as one would have an obligation to burn that chametz. As we mentioned previously, it is not practical to expect anyone to get rid of any chametz left in such an area, and one certainly cannot control what comes in.

Selling one’s share in that area is also not a very practical solution, as one would have to follow the by-laws of the community, which probably would not allow one to sell his portion in the common area to someone else. Making a “no-food allowed” policy on Pesach would take care of the problem. But, again, this may not be possible as the building board may not be keen on instituting such a policy.

In short, there is no simple solution to this problem. The residents should try to work with the board to draft a halachically acceptable sale of the common areas before Pesach. If this is impossible, they should consult a Rav regarding what they can do.