Alternate definition: A limited common element refers to a portion of a condominium’s common elements. It is allocated in the condo declaration, the legal document that establishes condo ownership and property rules.
Limited common elements can vary, but they always will be listed in the condo declaration. Examples include balconies, parking spaces, porches, patios, or even exterior doors and windows. So, for example, all residents with units on the second and higher floors of a condo building may share the limited common element of balconies, while the ground-floor units might share a patio area. Or an owner might have their own porch listed as a limited common element because it’s outside the unit but also exclusive to that resident. Another example might be related to parking for the condo. If a parking lot or garage is a common element, that means it is a general parking area that can be used by all the residents. But if it is designated as a limited common element in the declaration, each unit owner may have at least one assigned space. That space likely will transfer with ownership of the condo to a new owner.
How Limited Common Elements Work
Listing the limited common elements in the condo declaration is critical. This way, everyone is clear on who owns what and which party or parties are responsible for maintenance. Changes to limited common elements can only be made through an amendment to the declaration. This may sometimes involve transferring or reapportioning areas between different unit owners.
Common Element vs. Limited Common Element
For instance, if a patio area is a limited common element, the unit owner probably will not be allowed to remove grass and add pavers because they don’t own that area. Or if an electric-vehicle owner wants to install a charging station, that option may be modified or prohibited in a limited common element area. You must look carefully at the condo declaration for your building, as it might shift a portion of duties tied to limited common elements to the unit owner(s). For example, the declaration may say that maintenance costs will be paid by those using the limited common elements. Understanding what that entails can help you avoid getting a surprise bill. Ultimately, having clearly defined limited common elements can help condo owners and associations avoid confusion, disputes, or even lawsuits.
