What is a Limited Common Element?

An element of a condominium complex or unit that is thought to belong to the homeowners association (HOA) or community rather than the renter is referred to as a limited common element. There are few shared areas outside or inside of individual condo units. The unit occupant is the only one who can use them, even if considered standard. A few examples are parking lots, garages, and shared outdoor spaces like patios and terraces.

Recognizing Restricted Common Elements

Any features of a shared condominium complex that are unit components but aren’t considered the owners’ or tenants’ exclusive property are referred to as limited common elements. Things that are intimately related to individual condominiums, including windows, balconies, and outer doors, may be included in the limited shared elements. They might also have features like driveways, garages, elevators, clubhouses, swimming pools, and boat slips that benefit all community members equally. In essence, the community as a whole owns these features, even though individual owners and occupants may use them. When a condo is purchased, the owner receives declaration documents. They delineate the areas of the property owned by the condominium owner and identify the features and facilities deemed to be restricted community elements. The declaration also specifies the unit owner’s obligations for upkeep, fixing, and replacing specific standard components.

Unless otherwise noted in the declaration, limited standard element maintenance is typically the HOA’s responsibility. Unit owners’ monthly condominium fees fund a large portion of this. If the declaration is silent on the matter, it is typically accepted that the community association is still in charge of the upkeep of specific components. It’s crucial to seek legal counsel when in doubt, as in any situation.

Particular Points to Remember

States have different laws and rules governing condominiums and other similar planned communities, mainly how such laws and rules handle common areas. While many states have passed legislation along these lines, some jurisdictions do not permit the application of such laws.

The Uniform Condominium Act (UCA) was created in 1980 to establish and regulate condominium societies. Fourteen states have ratified this Act: Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and West Virginia.

To provide a set of state-wide guidelines for the management of real estate cooperatives, planned communities, and condominiums, the Uniform Common Interest Ownership Act (UCIOA) was formed in 1982. Alaska, Colorado, Minnesota, Nevada, and West Virginia were the five states that passed similar regulations in 1982. In the following years, Connecticut, Delaware, Vermont, and Washington implemented revisions to the UCIOA.

The Uniform Planned Community Act (UPCA), enacted in Pennsylvania, regulates the establishment and administration of planned communities. Virginia created the Real Estate Cooperative Act as an adjunct to the UCA to regulate the formation, funding, and administration of real estate cooperatives.

Minimal Comparison of Common and Non-Common Elements

Amenities not located in individual units but accessible to complex residents are shared elements. Whether it comes to total replacement, upkeep, or repair, these components are still the exclusive purview of the HOA or the condo corporation. Common elements include pipes, electrical systems, HVAC (heating, ventilation, and air conditioning), pathways, security systems, lighting in shared spaces, lobby areas, trash and recycling areas, and other features.

CONCLUSION

• Parts of a condo that are assigned to individual units yet are considered community property rather than tenant property are referred to as limited standard features.
• Windows, balconies, driveways, elevators, clubhouses, and swimming pools are examples of restricted standard components.
• Laws controlling restricted common elements may differ from one state to the next.