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