What Is a Limited Common Element?
Limited common elements are distinct features within a condominium complex that belong to the homeowners association (HOA) rather than to individual tenants. These elements, while considered communal, are exclusively reserved for the occupants of specific units. Examples include shared balconies, outdoor areas like patios and terraces, as well as parking lots and garages.
Understanding Limited Common Elements
Limited common elements encompass shared spaces in a condo complex that are part of individual units but not under the direct ownership of unit owners. These elements can range from private balconies and windows to community amenities like driveways, garages, elevators, clubhouses, pools, and boat slips. While occupants can utilize these features, they are collectively owned by the community.
Declaration documents specify limited common elements.
When purchasing a condo, unit owners receive declaration documents outlining which aspects and facilities constitute limited common elements. They also define the areas of the property owned by individual unit owners and detail responsibilities for maintenance, repairs, and replacements of limited common elements.
Typically, the HOA is responsible for maintaining limited common elements, funded through monthly fees from unit owners unless otherwise stated in the declaration. When no specifics are mentioned, it’s presumed that the community association bears maintenance responsibility. Seeking legal advice is crucial if uncertainties arise in such matters.
Key Takeaways
- Limited common elements are parts of a condo designated to individual units but owned by the community.
- Examples include windows, balconies, driveways, elevators, clubhouses, and swimming pools.
- Laws regarding limited common elements can differ across states.
Special Considerations
Regulations for condominiums and planned communities, including those governing common elements, vary per state. While many states have similar legislation, some jurisdictions may not allow for such regulations.
The Uniform Condominium Act (UCA) established in 1980 governs condominium associations and is enacted in 14 states. Additionally, the Uniform Common Interest Ownership Act (UCIOA) sets state-wide regulations for managing condos and planned communities in several states.
States like Pennsylvania and Virginia have passed acts to manage planned communities and real estate cooperatives, respectively, showcasing regional legal frameworks for different community types.
Limited Common Elements vs. Common Elements
Features in a condo complex that are shared among occupants but not within individual units are labeled common elements. These elements are the responsibility of the condo corporation or HOA, covering maintenance, repairs, and replacements. Examples include building infrastructure, security systems, lighting, and waste management facilities.