Unlocking the Mystery of Limited Common Elements in Condos
The term ’limited common element’ refers to components of a condominium unit or complex deemed community property rather than solely owned by the tenant. Though considered common, their use is often exclusive to the individual unit occupant. Examples of limited common elements include balconies, shared outdoor spaces like patios and terraces, as well as parking lots and garages.
Grasping the Concept of Limited Common Elements
Limited common elements encompass any aspects of a shared condominium complex that are part of a unit but not solely owned by the tenant. These may include outer doors, windows, and balconies directly connected to individual units, as well as community amenities like driveways, garages, elevators, clubhouses, swimming pools, and boat slips. While these features serve individual owners and occupants, they are community-owned. Property declarations specify what categorizes as limited common elements.
Deeded declaration documents provided when buying a condo outline the limited common elements and the property specifics. They also detail the unit owner’s maintenance and repair responsibilities for such elements. Although maintaining limited common elements usually falls under the HOA’s purview, monthly condominium fees fund much of the upkeep unless otherwise mentioned in the declaration.
Key Takeaways
- Limited common elements are condo parts allocated to individual units but are community-owned.
- Examples include windows, balconies, driveways, elevators, clubhouses, and swimming pools.
- State regulations governing limited common elements can vary substantially.
Essential Legal Considerations
Laws and regulations governing condominiums and other planned communities, including rules for common elements, vary significantly by state. Several states have adopted comprehensive legislation to standardize these elements.
The [Uniform Condominium Act (UCA)] was enacted in 1980 to create governing regulations for condominium associations. States like Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and West Virginia have passed the UCA into law.
Introduced in 1982, the [Uniform Common Interest Ownership Act (UCIOA)] provides state-wide regulations for managing condominiums, planned communities, and real estate cooperatives. Originally enacted by Alaska, Colorado, Minnesota, Nevada, and West Virginia, revisions have been adopted in states such as Connecticut, Delaware, Vermont, and Washington.
Common Elements vs. Limited Common Elements
Common elements, which aren’t exclusive to individual units, fall entirely under HOA or condominium corporation responsibility for repair, maintenance, and replacement. Examples include pipes, electrical systems, heating and air conditioning systems, walkways, security systems, and common-area lighting. Unlike limited common elements, these amenities are for all condo residents and are communal property.
Understanding the distinctions between these two types of elements can significantly influence the responsibilities of your condo ownership. Aspects of shared living require clear communication and detailed guidelines outlined in condo association documents—making it crucial to familiarize yourself with these terms and legalese before purchasing a condominium unit.
Related Terms: condominium, homeowners association, condo fees, real estate cooperatives, common elements
References
- Community Associations Institute. “HOA or Condominium Uniform Acts by State”.
- Pennsylvania Office of Attorney General. “Uniform Planned Community Act”.
- Common Wealth of Virginia. “Code of Virginia: Virginia Real Estate Cooperative Act”.
