HOA Facilities: A Roadmap for Identifying Common Elements
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
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