What Is Considered Limited Common Area?

by | Last updated on January 24, 2024

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Key Takeaways. Limited common elements are parts of a condo are assigned to individual units , but considered community property rather than the tenant’s. Examples of limited common elements include windows, balconies, driveways, elevators, clubhouses, and swimming pools.

What is the difference between a common area and a limited common area in a condominium give an example of each?

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 considered limited common elements?

The Common Interest Ownership Act (CIOA) defines a “limited common element” as “ a portion of the common elements allocated ... for the exclusive use of one or more but fewer than all of the units .” The key phrase here is exclusive use. ... While ownership is shared, use need not be.

What is meant by limited common areas and facilities?

(m) “limited common areas and facilities” means those common areas and facilities designated in the Declaration as reserved for use of certain apartment or apartments to the exclusion of the other apartments ; Page 6.

What are considered common elements 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.

Who insures limited common elements?

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. The HOA maintains, insures, and controls the Limited Common Elements, but the owner or owners use them. Condominiums and Town homes frequently use Limited Common Elements.

Is Balcony considered common area?

Balconies or patios are part of the common elements because they are outside the boundaries of a unit. They are considered limited common elements because their use is limited to the owner or resident of the adjacent unit. ... Generally, the owner is responsible for these areas , including the surface and railings.

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.

Is Hoa responsible for balcony repairs?

Unless the CC&Rs clearly state otherwise, the structural elements of balconies are the responsibility of the association to repair and replace , even when the balcony is described as part of a unit.

What is considered common ground?

Common Ground means all real property and the improvements thereon owned by the Association and all easements, licenses and other rights granted to or held by the Association for the common use and enjoyment of all Owners including, without limitation, open spaces, recreational facilities, storm water detention and ...

Can common area be sold?

You can also demand compensation under consumer protection Act. Builder cannot sold any common areas of society to any of the flat owner because the common area belongs to the society and no one can take ownership right over those areas.

Are pipes limited common elements?

Our declaration states that pipes are part of the common elements , and that limited common elements include fixtures and structures serving a single unit and lying outside the unit boundaries. ... Therefore, the pipes are part of the common elements, and the cost of repairing this equipment should be a common expense.

Is the roof a common area?

(See “Airspace Condominiums.”) The association’s common areas will often include: ... Plumbing systems (except for the outlets located within the interior of a condominium) Roofs & Windows . Stairways .

What is a POTL?

A Parcel of Tied Land (POTL) is a freehold property with a common element that is registered under the Condominium Act. Examples of features that could be included in a common elements condominium are: Parking areas. Roadways. Sidewalks.

How much does a condo cost per month?

Average condo fees range from around $100 to $700 per month , although these fees can go much higher based on what amenities they cover. If the condo complex has high-end shared features such as a swimming pool, gym, and spa, condo fees can be several thousand per month.

Can you own a condo forever?

While a landlord can clear out a rental building at any time, assuming there are no complicating rent control regulations, a condo is yours forever .

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.