What Is a Limited Common Element?

A limited common element refers to an aspect of a condominium unit or complex that is considered to be the property of the community or 澳洲幸运5官方开奖结果体彩网:homeowners association (HOA) rather than a tenant's. Limit🦩ed common elements may be found within or outside individua꧒l condo units. Their use is limited to the occupants of the unit or a group of units. Examples include balconies, (shared) outdoor space such as patios and terraces, and parking spaces.

Understanding Limited Common Elements

Limited common elements are defined as any aspects of a shared condominium complex that are part of a unit, but are not considered to be the sole property of the owner or tenant. Limited common elements may include things that are directly connected to individual condominiums such as outer doors, windows, and balconies. They are a subset of common elements, which include 澳洲幸运5官方开奖结果体彩网:amenities that service every commun🉐ity resident equally, such as driveways, garages, elevators, clubhouses, swimming pools, and boat slips. Essentially, limited common elements are features that may be used by individual owners and occupants but are ultimately owned by t🐎he community as a whole.

Declaration documents are provided to unit owners when they 澳洲幸运5官方开奖结果体彩网:purchase a condo. These documents specify the aspects and amenities that are considered limited common elements, as well as outline which parts of the property 🍌belong to the condominium owner. The declaration also delineates the responsibilities of the unit owner regardi𝓡ng maintenance, repair, and replacement of limited common elements. 

Maintenance of limited common elements usually remains the responsibility of the HOA unless otherwise specified in the declaration. Much of this is paid for through the collection of monthly 澳洲幸运5官方开奖结果体彩网:condominium fees from unit owners. In 🉐cases where the declaration does not specify, it is generally assumed that the responsibility of maintaining those elements remains with the community association▨. As in all such cases, it's important to get legal advice when there is any doubt.

Laws and Regulations Governing Condominiums

Laws and regulations that govern condominiums and similarly plann𒆙ed communities—including the ways in which they regulate common elements—vary from state to state. Although many states have adopted similar legislation, there are some jurisdictions that do not allow for the implementation of such legislation.

The Uniform Condominium Act (UCA) was established in 1980 to create and govern condominium associations. Fourteen states have passed this act into law, including Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and West Virginia.

The Uniform Common Interest Ownership Act (UCIOA) was created in 1982 as a set of state-wide regulations for managing condominiums, planned communities, and real estate 澳洲幸运5官方开奖结果体彩网:cooperatives. Five states enacted these regulations in 1982, including Alaska, Colorado, Minnesota, Nevada, and West Virginia. Revisions to the UCIOA were adopted by Connecticut, Delaware, Vermont, and Washington in subsequent years.

Pennsylvania passed the Uniform Planned Community Act (UPCA), which governs the creation and management of planned communities. Virginia passed the Real Estate Cooperative Act as a companion to the UCA in order to govern the creation, financing, and management of real estate cooperatives.

Limited Common Elements vs. Common Elements

The primary difference between common elements that are limited and those that are not is who can use them. Limited common elements are for the exclusive use of a unit or group of units, not everyone in the community. Common elements, by contrast, are those areas on the property that are for everyone's use and can include pools, parking garages, walkways, lobbies, and garbage and recycling areas. In most cases, these elements remain the sole responsibility of the condo 澳洲幸运5官方开奖结果体彩网:corporation or the HOA, whether that's repairing, maintaining, or replacing them in their entirety.

The Bottom Line

It's important for condominium unit owners to understand what their limited common elements are and who is responsible for their care and upkeep. This information should be included in the declaration document they receive when they purchase a unit. State laws govern condominiums and other planned communities—including the ways in which they regulate common elements.