The owner of a condominium unit holds title to his individual unit together with an undivided interest in common with all unit owners in the “common elements ,” that is, the land and those parts of the building or buildings intended for common use such as the foundations, framing, siding, roofs, stairways, utility ...
Who owns the common elements in a condominium?
Id. at 295-96. A condominium generally contains language granting each condominium unit-owner an undivided interest in the common elements and sets forth the express percentage therein. This ownership in common areas is generally held as tenant-in-common with the other unit-owners .
Who pays for maintenance of limited common elements?
Maintenance of limited common elements usually remains the responsibility of the HOA unless otherwise specified in the declaration. Much of this is paid for through the collection of monthly condominium fees from unit owners.
What is a condominium common element?
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.
Are condo balconies common elements?
Your Condo’s Balcony: An Exclusive-Use Common Element
As an area where only the unit owners or neighbouring unit owners have access, a balcony is known as an exclusive-use common element. Parking spaces and marina slips also fall into this category.
What is the difference between common element and limited common element?
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 is included in common elements?
What Are Common Elements? Common elements are those parts of a condo complex that belong to all owners . With a few exceptions, they constitute everything except the units in which people live. Corridors, garbage rooms, lobbies, locker areas, garages, technical rooms, the roof, grounds, walkways are all common elements.
Are windows considered common property?
The Act defines doors and windows located on external walls as common property and specifically includes as common property “assembly components” which reasonable include items such as hinges, cranks, screens, and latches.
What are the common elements in a condominium arrangement?
(4) “Common elements” means: (i) In a condominium or cooperative, all portions of the common interest community other than the units ; and (ii) in a planned community, any real estate within a planned community owned or leased by the association, other than a unit.
What are the common elements in a condominium and other buildings?
Common Elements of the Condominium Corporation are the land and structures in the Condominium Corporation other than the units themselves , such as the exterior landscaped areas, recreational facilities, parking garage, hallways, elevators, corridors, public washrooms, lobby areas, driveways, garbage rooms, electrical ...
DO condo owners own the balcony?
In some apartment condo buildings, the balcony may or may not be part of what is owned when you purchase a condo. Of course, you wouldn’t expect your neighbour to just stroll onto your balcony and use it the same way they might freely visit the rooftop patio or swim in the pool.
What is a common element fee?
A Common Expense Fee (also known as a Condo fee, Maintenance fee, or Common Elements fee) is a prescribed amount each unit owner must pay to the Condominium Corporation . The amount payable is typically calculated based on the size of the unit owned within the corporation.
What does common elements mean in real estate?
Definition of “Common elements”
Those parts of a condominium that are owned by all the unit owners .
Are pipes common elements?
This means common elements could include, but are not limited to, all of the following: land, foundations, hallways, stairways, entrances and exits, common parking areas, storage areas, basement, roof, incinerator, pipes, ducts, electrical wiring and conduits, central heating and air, public utility lines, floors, ...
Is a condo considered property?
If you live in a condo, it’s your home, but it’s not a house . That’s an important distinction, particularly when it comes to maintenance. Consider if you owned a detached single-family house and the roof needs to be repaired.
Are chimneys common property?
Townhouse condo boards often try to hold down monthly “fees” by making each owner responsible for their own chimney maintenance, but remember that the building’s attic, the roof framing and that exterior chimney are all outside the owner’s unit , and thus are common property.
Are external walls common property?
everyone shares ownership of the ‘common property’, such as external walls, foyers and driveways.
Is a roof a common element?
The term “common elements” can be comprised of both “general common elements” and “limited common elements.” General common elements usually include the exteriors of the buildings, roofs, foundations, load bearing walls, stairs, and surrounding land, while limited common elements are those common elements which are ...
What does common element mean?
Common elements are the shared spaces in and around your condominium building that are owned collectively by all owners in the building . Essentially, it’s all the areas outside of your unit and could include: Laundry rooms. Hallways. Lobbies.
Can limited common elements be sold?
Once established as a limited common element, it goes with your unit and will pass as a right of your unit when you sell your unit. A limited common element is an appurtenance to a unit.
What are common elements in a townhouse?
Generally speaking, common elements comprise of the areas from the outer walls of your townhome out . This includes areas such as the building foundations, the walls and roofs of the buildings, as well as the land, grass, trees, fences, and driveways of the property.
What is a condominium description?
The description document
The description of the property outlines what is included in the unit – what you own and do not own. For example, a condo unit in a high-rise has a front door, but ownership may not include this front door. ... The description of the property includes: The boundaries of the building.
What is the difference between condo bylaws and rules?
Similar to the way bylaws set out how the condo corporation should be managed, condo rules outline how the units or common elements of the property can be used. In effect, rules set out what owners and occupants can and cannot do .
Are balconies considered common areas?
ANSWER: In California, exclusive use common area is defined in the Civil Code, Section 1351 as “a portion of the common areas designated for the exclusive use of one or more , but fewer than all, of the owners of the separate interests (units).” Exclusive use common areas can be patios, balconies, garage stalls, for ...
What are condo common expenses?
A common expenses fee is the fee unit owners pay to maintain the condominium’s common elements . Common elements are everything in a condominium that isn’t a unit. Examples include a parking garage, hallway, lobby, recreation centre and elevator.
What is common charge?
Common Charges means all fees, dues, charges and assessments , whether annual, monthly, regular, special or otherwise imposed pursuant to the Condominium Documents.
How do I create a condo budget?
- Conduct a maintenance review and prioritize projects.
- Review vendor contracts.
- Evaluate insurance policies.
- Look into alternative utility providers.
- Reassess your reserves.
Can a roof be a limited common element?
A good example of a limited common element is a patio area or a plumbing line servicing a condo from a main line into particular units. ... Examples include shared roofs, plumbing, and patios.
