Common elements refer to the common areas on the property that all owners are permitted to use. This includes a building’s stairways, elevators, garage, and pool. Selling a condominium unit automatically transfers the right to common elements to all tenants and their guests.
Common areas with exclusive use are known as limited common elements. For example, a parking space in the condominium building that grants exclusive use to one individual or family is a limited common element.
Difference Between Common Element and Limited Common Element
Common elements and limited common elements may sound the same, however the differences could not be more stark. The Common Interest Ownership Act (CIOA) of 1994 refers to a limited common element as a portion of a property where only a select few tenants within a building have the right to use or be, while it also defines a common element as a portion of a building where all tenants can use.
A common element and limited common element are antithetical to one another with one applying to property owned by all tenants and limited common element as an ownership right for a predetermined party.
The declarations page of a condo purchase will highlight the terms of the buildings and its common and limited elements. Common examples referred to in the declarations page are storage space, parking, elevator use, and utilization of other portions of the property. All items deemed to be a common element are unless otherwise noted. This includes use of porches, pools, balconies, and other building specific features.
Altering a Common Element to a Limited Common Element
The homeowners association committee of a building can convert a common element into a limited common element. The declarations page and the CC&R’s for the building will be amended in order to change the common elements in the building. After the changes are amended and the rules of the building change, they can only again be altered by ponce again amending that portion of the buildings declarations.
Limited common element users have the right to do make reasonable use of the limited common element so long as it does not affect the rights of other building residents. Members of the homeowner’s association committee have the right to inspection the limited common element for safety, updates, and repairs.
