February 12, 2010

This week's tip answers the deceptively simple question: What is a common or a limited common element?

"There are two classifications of common elements, limited and general," explains Harry Styron, an attorney at Styron & Shilling in Branson, Mo., who's drafted covenants for more than 100 subdivisions and more than 40 condominiums.

"A limited common element is one that's available or accessible to fewer than all the units. Some of those are said to be exclusive-use limited common elements. A deck that's accessible to only one unit is probably a limited common element. The association continues to have a regulatory function for limited common elements. It may have a right to regulate them by doing things like prohibiting animals from living out there or prohibiting macramé flowerpots. But the responsibility for maintenance generally goes with the owner it's attached to.

"Common elements," Styron adds, "are property not included with any unit and owned by all the owners. In a normal condominium, everything is either a unit or a common element, and all the common elements are owned by the association." The association bears full responsibility for maintaining and governing activity in common elements.

Despite that clear and simple explanation, determining what's actually a common element can get tricky. You may need to do research, and even then, your governing documents may provide little guidance.

To learn more about figuring out exactly who owns what in your association, see our new article. You'll learn how to research the common element determinations in your HOA or condo, and we'll give you a plan of attack to follow when a determination isn't clear.

You can read the new article here: http://www.hoaleader.com/members/391.cfm

Best regards, Matt Humphrey President