Limited Common Elements In Condo Associations
Florida law defines ‘common elements’ as any part of a condo property that is not in the units themselves. In general, common elements can be used by any resident of the condo building or buildings. That said, ‘limited’ common elements are a different type of entity, reserved only for the use of a certain unit, or group of units. Delineating limited common elements is appropriate, but an association must be careful to ensure that all those who have the right of access may actually use it. If you have questions or concerns about this type of issue, it is a good idea to consult an attorney.
Which Common Elements Are ‘Limited?’
Every unit owner in a condo building is entitled to the use of their own unit, and of the common elements surrounding it. Common elements are kept in good repair by the association, as a general rule, and include areas like elevators, walkways, garbage rooms, and amenities like pools or tennis courts. They are designed for use by all unit owners (and most visitors, though the use of amenities may be differently regulated), but there are other parts of a condo property where constant use by everyone would be impractical or impossible.
Enter “limited” common elements, such as parking spaces, unit patios, or individual storage units. It is considered appropriate, and often desirable, to have these kinds of spaces designated only for use by a specific person or small group of people. It is important to keep in mind, however, that whether a common element is limited or not is not governed by practicality, but almost always by the condo declaration. Florida’s Condominium Act states this explicitly.
Positives & Negatives
There are decided positives to having clearly delineated limited common elements, both for the association, and the unit owners. Limited common elements are usually cleaned and maintained by their users – for example, a unit owner is responsible for keeping their own patio in good repair. In addition, limited common elements that are well maintained will almost always raise property values, given their benefits and convenience even aside from the aesthetic advantages.
That said, if your association has a vague or unclear declaration, there may be arguments or legal disagreements as to who has the right to use and maintain these elements of the condo property. In theory, this may seem like petty bickering, but in truth, it can have financial implications, as there are strict regulations on how condo and homeowners’ associations can use their funds. Failure to establish clear requirements can lead to lawsuits further down the line.
Contact A Tampa Condo Association Attorney
The concept of limited common elements is foreign to some, but they have their place in a well governed condo association. If you have questions or concerns about your association’s limited common elements and their uses, a Tampa condo association attorney from the Seward Law Office may be able to assist. Contact our office today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2021/718.113
