Technorati
The parcel of land outside of privately owned Units and within the community is known as common property.
All members own condominium common property equally and Homeowner’s association hold property that is owned by the association.
Common areas are designated for owner’s and guest use. Although portions of the common area are for members and guests, member use must not infringe the lawful rights of others.
Annexes and its appurtenants, which are exclusive use to a Unit, are described as a limited common property or limited common elements.
Condominium limited common elements are usually a restricted use to a particular unit, such as a porch area or balcony. A balcony with appurtenances would be considered a limited common element. A walkway to the beach or pool area could be considered an appurtenant to the balcony.
Homeowner limited common elements are also reserved for the use of a particular Unit or Units. A storage locker, parking spaces and walkways from individual Units are other examples of limited common elements.
Here is how the Florida Statute interprets limited common elements in both Homeowners and Condominiums:
Limited common elements,” means 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.
For most condominiums, air conditioning and heating equipment are considered limited common elements. Here is an example of a condominium declaration:
All equipment, fixtures and installations located inside or outside of a Unit which furnish air conditioning or heating exclusively to that Unit, shall be Limited Common Elements, and shall be maintained, repaired and replaced by, and solely at the expense of, the Owner of the Unit.
The benefiting Unit owner maintains the maintenance and upkeep of limited common elements or property.
In most condominium documents, air conditioners and all associating equipment are a limited common element. Which really means, owners’ personal use and responsibility. Associations are limited to limited common usage. Therefore, solely the exclusive Unit owners use and maintain limited common elements.
July 8th, 2008 at 7:03 am
What is the purpose of making a balcony or windows limited common elemens if they are accessible only through a dwelling?
I would think that “limited common element” should be a term reserved for elements of a condo that are separate from a dwelling and physically accessible to other members of the condominium but limited for the use of a particular dwelling, e. g. parking spaces.
I would appreciate your opinion.
July 8th, 2008 at 1:06 pm
Great question, Very few people are willing to reply. Thxs for the participation.
Because owners are solely responsible, windows would never be considered a common limited element. However, a balcony would be a limited common element because of who’s responsible and special use.
If the integrity of the balcony were to decline, the resposibility would lie with the association. Therefore, because a balcony has a special use, combined with association responsibility, in certain common areas the phrase, “common property” had to be defined.
This clarification seperates or defines, “common property” from, “limited common property” which both phrases are synonymous with the latter being reserved for a special use common element.
Since the association maintains the balcony and is only used by the unit or units, the balcony would be considered or referred to a “limited common property” as would a storage locker or parking spot.
There is nothing in the FL Statute that further describes, “limited common elements”.