Condominium & Homeowner Limited Common Element
Home » Important Posts » Condominium & Homeowner Limited Common Elements
By | 14 CommentsLeave a Comment
Last updated: Tuesday, November 27, 2007

lott-cartoon.png

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.

Comments

14 comments
  1. H. Copelan
    Tuesday, July 8, 2008

    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.

    Leave a reply
  2. admin
    Tuesday, July 8, 2008

    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”.

    Leave a reply
  3. Eugene
    Wednesday, October 22, 2008

    I am seaching for some idea to write in my blog… somehow come to your blog. best of luck. Eugene

    Leave a reply
  4. Richard McHenry
    Tuesday, September 22, 2009

    The board of directors at our condominium has permitted a contractor to place heavy weights and other paraphenalia on our upper balcony without advance notice to us, the owners, which presents an eyesore from our master bedroom. We have had to inform prospective renters that the balcony is now occupied by the association’s contractors. This has meant a loss of income to us not to be able to rent our condo. I have invoiced the association for the monthly rental of the unit since we are not able to rent it as is. Don’t we have he right to do so?

    Leave a reply
  5. Phyliss
    Sunday, March 13, 2011

    I own a condo with a screened in lanai and want to enclose it with windows etc. Are there rules that can prevent me from doing that? There are numerous condo’s in the complex that have been enclosed as sun rooms.

    Leave a reply
  6. Chris G
    Thursday, March 24, 2011

    Would the ground located underneath a single unit (the condo is circular and sits on a pedestal type foundation) be considered limited common element to that particular condo? The declarations are silent as far as designating this area as a limited common element. Tenants are storing all kinds of personal items under their units and some are becoming quite cluttered.

    Leave a reply
  7. Enter Your Name
    Sunday, May 15, 2011

    What happens to the association if the unit owner defaults on his/her responsibility?

    Leave a reply
  8. Dennis snyder
    Sunday, May 15, 2011

    What happens if the unit owner defaults amid doesn’t handle his responsibility.

    Leave a reply
  9. there is an australian pine tree in the limited common area. Who is responsible to cut or trim the tree , the unit owner or the association?
    Sunday, August 28, 2011

    Enter Your Comment

    Leave a reply
  10. Walt Kozloski
    Wednesday, April 25, 2012

    I live in a house off of Roberts Road in St Johns county. My property backs up to a retention pond. There is a 12 foot section of land between my back property line to the pond. This is defined as limited common area in our covenants. We had to agree to cut the grass and any bushes on the limited common area and keep the waterline (beach) clean. On each side of my house there is a swale. It is between my property and both of my neighbors. The swale is sloped down to the pond. The limited common area had eroded from my back property line down to the pond. My HOA has told me that I am responsible for repairing the erosion. Now, the covents say that swales that are not on a property owners lot are part of the Surface Water Storm Water Management System. That is what has eroded in the limited common area. The convents also state that the HOA is responsible for the operation, maintenance and repair of the Surface Water Storm Water Management System. Should I have to pay to have the eroded hill replaced.

    Thank you.

    Walt Kozloski

    Leave a reply
  11. Frank Cairo
    Saturday, October 13, 2012

    Just purchased a condo and put my items in a spare storage locker which was the only one available. Upon return the lock was removed and contents taken. What is the procedure for taking items by the HMO?

    Leave a reply
  12. Bill
    Tuesday, January 22, 2013

    I see this blog is old but I will check to see if anybody is still monitoring…
    Our business entered into an agreement with a condo owner. Our agreement was to replace the existing heating and air conditioning system. The blower is located in the owners unit, the condensing unit is located on the roof. (commom area) on the roof there are existing unit supports which do not meet current building codes.
    Here is our delima… We do not have an agreement to modify a roof, it is outside of our license to preform this type of work and for liabilty purposes should require a state licensed engineer.
    Question:
    Should the Florida COA be responsible for the replacement and maintenance of their common area roof curbs which do not allow myself or other a/c contractors to preform their jobs to current building codes…
    We as well as other contractors now have a gun to our heads to comply to modify a roof we have no premission from the COA to modify and also compromise any warranty the COA may have with their roofer.

    Leave a reply
  13. domestic heating oil
    Friday, October 18, 2013

    I am extremely impressed together with your writing talents and also with the structure on your weblog. Is that this a paid topic or did you modify it yourself? Either way stay up the nice high quality writing, it’s rare to peer a great weblog like this one these days..

    Leave a reply
  14. Rose
    Monday, July 7, 2014

    Good example here of what I’m encountering although in different State. Common Areas are surrounded by Limited Common Area and therefore inaccessible to Owners wanting to access the blockaded Common Area. This wasn’t a problem until one Owner decided to barricade access and threatened any owner who dared trespass. Bad planning by the Developer who designed and filed this as the Master Deed we all legally now must comply . At the same time the HOA has to supply insurance and maintenance.

    Leave a reply

Leave a Comment

← Prev Step

Thanks for contacting us. We'll get back to you as soon as we can.

Please provide a valid name, email, and question.

Powered by LivelyChat
  • You're chatting with
    Admin

Powered by LivelyChat Delete History
Copyright ©2014 Gulfshore Property Mgmt. All Rights Reserved.