What is considered a common element in a condo?

What is considered a common element in a condo?

General common elements are those that all owners in the condominium project can use. Stairways, lobbies, hallways, and amenities are often found on this list, as is the land the condominium sits on. Limited common elements are those that fewer than all the owners have the right to use.

How does a condo owner own common elements?

Like other common elements, a limited common element is owned jointly by all of the unit owners (in a condominium) or by an organization of which all the unit owners are members (in a planned community or cooperative).

What is the difference between a common area and a limited common area in a condominium?

A common element is normally defined as all parts of the condominium other than the units. A limited common element is a common element that is restricted for the exclusive use of one or more but less than all of the unit owners.

What are HOA common elements?

HOAs have common elements for which the association is responsible for maintaining. These elements include swimming pools, streets, clubhouse, landscaping and other common areas that are available to all owners. The definition of these common elements is rarely misunderstood.

Are windows the responsibility of the condo association?

Limited Common Element Windows If your agreement declares that your windows are part of the exclusive common elements than you are responsible to pay for the replacement. As long as you decide to replace windows without adjusting the measurements of the rough opening.

Are condo balconies common elements?

Exclusive-use common element areas are those portions of the Common Elements of the Condominium Corporation designated for the exclusive use of specified units. These can be such items as balconies, patios, signage areas, lockers and storage areas, or loading docks and parking spots.

What two kinds of ownership do condo owners have?

The two most common types of real estate ownership are “Condominium” and “Fee Simple”. Here are the specific definitions for each: Condominium: The seller owns the interior of a unit but shares an ownership interest in the land and common areas with other owners in the building.

Is a balcony a common area?

A balcony is a very common example of exclusive use common property.

Who is responsible for exclusive use common area?

Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, or replacing the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use …

Why are HOA bad?

An HOA is typically established to make and enforce rules regarding the properties within the jurisdiction. And while they play an essential role in maintaining a community’s guidelines, HOAs can, at times, feel overbearing because of the many guidelines and restrictions they put in place.

Can HOA control backyard?

If the master deed or covenants do not give the HOA board broad authority to make rules, the board may be restricted to enforcement of whatever restrictions are put in place through the deed. These may not address housekeeping, excess outdoor storage, or debris, especially in back yards.

Who is responsible for structural issues in a condo?

The HOA is responsible for structural, studs, sheet rock, sub floor so most of this will fall on them. This type of damage would not have gone unreported had I been in the unit but, the concern that brought me here…

What does common elements mean in a condo?

Common Elements mean all portions of the Condominium other than the Units. Portions of the walls, floor, and ceilings/attic are considered part of the Common Elements.

Can a condominium declaration contain limited common elements?

So there might not be anything in the condominium documents about these items, but they are still considered to be limited common elements for particular units. In Maryland, the declaration is supposed to contain specific language about this.

Where do I find the limited common elements?

The limited common elements associated with your unit should be described in the condominium declaration, so that is the first place you should check, and you should read the bylaws. You should also review the plat and/or plans, if possible.

How to change the common elements of a condominium in Florida?

Regarding material alterations to the common elements of condominiums in Florida, section 718.113(2), Florida Statutes, provides that unless a different procedure is provided for in the Declaration of Condominium, then a vote of 75 percent of all owners is required in order to alter the use, function or appearance of the common elements.