Common Element

Find information related to common element maintenance concerns, property inspection criteria, notification processes, and fine assessments related to non-compliance of the Membership's Rules and Regulation, which govern the expectation of the Member and/or their Tenants.

Common Elements vs Limited Common Elements

One of the most misunderstood aspects of condominium living has to do with the definition, classification, and maintenance responsibilities of the “common” and “limited” common elements.

There are 2 types of property described in your “Declaration of Condominium”, “unit” and “common element”.

State Statute defines them as:

"Unit" means the part of the condominium property which is subject to exclusive ownership

Common Element” means portions of the condominium property not included in the units.

But there is another classification called “limited common element” defined as: Those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units as specified in the declaration.

Typical limited common elements may be porches, balconies, parking spaces, boat slips, or storage lockers.

They are called “appurtenances” that come with the unit when it is purchased and go along with the unit when it is sold.

Most importantly, you must look at your declaration of condominium to see who is responsible for the maintenance and repair of the common and limited common elements. Usually the association is responsible for maintaining and repairing the common element but you need to check the declaration to see who is responsible for maintenance and repair of the individual limited common elements.

Bottom line, know your documents!