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What Is a Limited Common Element?
Let me explain what a limited common element is in the context of condominiums. It's a part of the property that's owned by the entire community or homeowners association (HOA), but it's reserved for the exclusive use of the occupants of a specific unit or a group of units. You might find these elements inside or outside individual condo units, and their use is strictly limited to those assigned occupants. Think of things like balconies, shared outdoor spaces such as patios and terraces, or designated parking spaces.
Key Takeaways
To break it down simply, limited common elements are those parts of a condo complex assigned to individual units but still considered community property, not owned by the tenant. You'll see examples like balconies, parking spaces, and storage units. Keep in mind that the laws around these can differ from one state to another.
Understanding Limited Common Elements
When I talk about limited common elements, I'm referring to features in a shared condominium complex that are part of a unit but not solely owned by the owner or tenant. These could include items directly attached to individual condos, such as outer doors, windows, and balconies. They're essentially a subset of common elements, which are the amenities available to every resident equally—like driveways, garages, elevators, clubhouses, swimming pools, and boat slips. The key point is that while individual owners and occupants can use these limited elements, the community as a whole owns them.
You receive declaration documents when you buy a condo unit, and these specify what counts as limited common elements, along with which parts of the property you actually own. They also outline your responsibilities for maintaining, repairing, and replacing those elements. Typically, the HOA handles maintenance of limited common elements unless the declaration says otherwise, and this is funded through monthly condo fees you pay. If the declaration doesn't specify, assume the community association is responsible. Always seek legal advice if there's any uncertainty.
Laws and Regulations Governing Condominiums
You should know that laws and regulations for condominiums and similar planned communities, including how they handle common elements, vary by state. While many states have similar legislation, some jurisdictions don't allow certain implementations.
The Uniform Condominium Act (UCA) was established in 1980 to create and govern condominium associations, and it's been adopted by fourteen states: Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and West Virginia.
Then there's the Uniform Common Interest Ownership Act (UCIOA) from 1982, which provides statewide regulations for managing condominiums, planned communities, and real estate cooperatives. It was enacted in five states initially—Alaska, Colorado, Minnesota, Nevada, and West Virginia—with revisions adopted later by Connecticut, Delaware, Vermont, and Washington.
Pennsylvania has the Uniform Planned Community Act (UPCA) for managing planned communities, and Virginia has the Real Estate Cooperative Act as a companion to the UCA for governing real estate cooperatives.
Limited Common Elements vs. Common Elements
The main difference between limited common elements and regular common elements comes down to who can use them. Limited ones are exclusively for a unit or group of units, not the whole community. Common elements, on the other hand, are open to everyone and include things like pools, parking garages, walkways, lobbies, and garbage areas. In most cases, the condo corporation or HOA is fully responsible for repairing, maintaining, or replacing these common elements.
Who Can Use a Limited Common Element?
Only the occupants of the specific condo unit or group of units assigned to it can use a limited common element exclusively.
What Are Examples of Limited Common Elements?
Examples include an individual parking space, a storage unit, a balcony, or even an air conditioning unit—these are reserved for the sole use of one or more unit owners.
What Is a Declaration Document?
A declaration document is what you get as a new condo unit owner; it specifies the limited common elements that come with your unit and details who is responsible for their upkeep. For instance, in Florida, the Florida Condominium Act allows maintenance to be handled by either the HOA or the benefiting unit owners.
The Bottom Line
As a condominium unit owner, you need to understand what your limited common elements are and who's responsible for their care and upkeep—this is all laid out in the declaration document you receive upon purchase. State laws govern these aspects of condominiums and planned communities, including how common elements are regulated.
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