Three Types of Elements: What Do I Own and What Do We Own?
Generally speaking, the governing documents will address that the Condo Association is responsible for the maintenance and repair of Common Elements. The association shall maintain, repair and replace all physical assets designated as Common Elements, whether located inside or outside the Units. Unit owners are obligated to maintain, repair and replace physical assets designated as within the boundaries of the Unit or Limited Common Elements.
Unit . This is your space; this is where you live. You own it. To determine what is your space, you have to read your declaration. Additionally, the units will be shown on the condominium plat. Typically the boundaries of each Unit are defined as the interior unfinished surfaces of exterior perimeter walls, middle of interior demising walls, floor, ceiling/attic below nine (9) feet above finished floor, doors and windows of Unit, any wallboard, plaster, paint, tile, wallpaper, etc. All spaces, interior partitions, other fixtures and improvements, within the boundaries of a Unit, are part of the Unit.
Limited Common Elements are reserved for use by one or more, but fewer than all, of the unit owners in the condominium. Limited common elements may include balconies, roof decks, storage areas and parking spaces. The declaration will define limited common elements and the plats should show where they are located.
Limited Common Elements could also be any air conditioning or heating units, chute, flue, duct, wire, conduit, bearing wall, bearing column and other fixture, whether located within or outside of the boundaries of a Unit, which serve only that Unit or are allocated solely to that Unit. Any shutters, awnings, window boxes, doorsteps, stoops, porches, decks, balconies, entryways, patios, exterior doors and windows, other fixtures designed to serve a single Unit, but located outside the Unit's boundaries are Limited Common Elements allocated exclusively to that Unit.
Common Elements. These are those portions of the property used by all the unit owners. Everything that is not a Unit or a Limited Common Element is a general Common Element. For example, in most condominiums the general Common Elements include, in addition to the land, such items as foundations, roofs, slabs, perimeter walls, boiler rooms, corridors, laundry rooms, common stairs, building lobby, trash areas, utility rooms and water mains.
If the governing documents of the condominium association are unclear or ambiguous about the definition of Common Elements, Unit, and/or Limited Common Elements, it is imperative that the Board of Directors establish the criteria for these three designations. As the association is developed, and future changes are made to the each of these designations, the responsibility for the maintenance will become muddied. Establishing and updating the criteria will save time and resources into the future.