An association’s common area is defined under
Civil Code Section 4095[a] to mean “the entire common interest development except the separate interests therein.” Because the structure of the separate interests [the real property owned separately by the individual homeowners] depends upon the
form of the common interest development [CID], different forms of CIDs will have different scopes and types of common area. The table below illustrates the typical common areas within a condominium project as compared to common areas within a planned development: Impact on Maintenance Responsibilities Exclusive Use Common Area Granting Exclusive Use of Common AreaCondominium Project
Planned Development
In condominium projects, every component of the CID is common area except for the improvements located within the interior, unfinished surfaces of a condominium’s perimeter walls, floors and ceilings. [See “Airspace Condominiums.”] The association’s common areas will often include: In planned developments [or “PUDs”], owners typically own their houses as well as the lots or parcels upon which their houses are placed. The association’s common areas will often include:
Whether a particular area or component is “common area” impacts the extent of the association’s responsibilities to maintain, repair and replace that area or component. [See “Maintenance Responsibilities [Generally]” and “Common Area Maintenance.”]
A subset of common area is “exclusive use common area”—a portion of common area designated under the association’s CC&Rs for
the exclusive use of a particular owner. [Civ. Code § 4145; See also “Exclusive Use Common Area.”] Exclusive use common areas are more prevalent in condominium projects where the owner of
an airspace condominium unit is given the exclusive use of a patio, balcony, deck, etc. that is located outside the boundaries of the owner’s unit. Whether an area or component is classified as exclusive use common area also impacts the extent of the association’s responsibilities to maintain, repair, and replace that area or component. [See
“Exclusive Use Common Area Maintenance.”]
Subject to certain limited exceptions, an association’s board of directors may not legally grant an owner the exclusive use of any portion of common area without approval of the association’s membership. [See
“Granting Exclusive Use of Common Area.”]Related Topics
Related Statutes
What Is a Limited Common Element?
The term limited common element refers to an aspect of a condominium unit or complex that is considered to be the property of the community or homeowners association [HOA] rather than that of the tenant. Limited common elements may be found within or outside individual condo units. Although they are deemed common, their use is limited to the occupant of the unit. Examples include balconies, [shared] outdoor space such as patios and terraces, and parking lots and garages.
Understanding Limited Common Elements
Limited common elements are defined as any aspects of a shared condominium complex that are part of a unit, but are not considered to be the sole property of the owner or tenant. Limited common elements may include things that are directly connected to individual condominiums such as outer doors, windows, and balconies. They may also include amenities which service every community resident equally such as driveways, garages, elevators, clubhouses, swimming pools, and boat slips. Essentially, although these features may be used by individual owners and occupants, they are ultimately owned by the community as a whole.
Declaration documents lay out what classifies as limited common elements.
Declaration documents are provided to unit owners when they purchase a condo. They specify the aspects and amenities that are considered limited common elements, as well as outline which parts of the property belong to the condominium owner. The declaration also delineates the responsibilities of the unit owner regarding maintenance, repair, and replacement of limited common elements.
Maintenance of limited common elements usually remains the responsibility of the HOA unless otherwise specified in the declaration. Much of this is paid for through the collection of monthly condominium fees from unit owners. In cases where the declaration does not specify, it is generally assumed that the responsibility of maintaining those elements remains with the community association. As in all such cases, it's important to get the advice of a legal authority when there is any doubt.
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.
- Laws governing limited common elements may vary from state to state.
Special Considerations
Laws and regulations that govern condominiums and similarly planned communities—including the ways they regulate common elements—vary from state to state. Although many states have adopted similar legislation, there are some jurisdictions that do not allow for the implementation of such legislation.
The Uniform Condominium Act [UCA] was established in 1980 to create and govern condominium associations. Fourteen states have passed this act into law, including Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and West Virginia.
The Uniform Common Interest Ownership Act [UCIOA] was created in 1982 as a set of state-wide regulations for managing condominiums, planned communities, and real estate cooperatives. Five states enacted these regulations in 1982, including Alaska, Colorado, Minnesota, Nevada, and West Virginia. Revisions to the UCIOA were adopted by Connecticut, Delaware, Vermont, and Washington in subsequent years.
Pennsylvania passed the Uniform Planned Community Act [UPCA], which governs the creation and management of planned communities. Virginia passed the Uniform Real Estate Cooperative Act [MRECA] as a companion to the UCA in order to govern the creation, financing, and management of real estate cooperatives.
Limited Common Elements vs. Common Elements
Although they may be used by people who live in the complex, amenities that are not found in individual units are called common elements. These elements remain the sole responsibility of the condo corporation or the HOA, whether that's repairing, maintaining, or replacing them in their entirety. Examples of common elements include pipes, electrical systems, heating and air conditioning systems, walkways, security systems, lighting in common hallways, lobbies, garbage and recycling areas, and others.