Limited Common Elements

Definition

A limited common element is part of a condominium or planned-community property that is owned collectively by the association (HOA or condominium corporation) but designated for the exclusive use of one unit or a specific group of units. Examples include balconies, individual parking spaces, storage units, and some patios.

Key takeaways

• Limited common elements are community-owned but reserved for specific unit owners’ exclusive use.
• They differ from general common elements (pools, lobbies, shared driveways), which are available to all residents.
• Responsibility for maintenance, repair, and replacement is governed by the community’s declaration documents and by state law; often the HOA pays from common fees unless the declaration assigns responsibility to the benefiting owners.

How limited common elements work

• Identification: The community’s declaration (or condo map) should specify which parts of the property are limited common elements and which units have exclusive use.
• Ownership: Legal title to limited common elements typically remains with the association, not with the individual unit owner.
• Use: Only the unit owner(s) specified in the declaration have exclusive use rights; other residents cannot use those elements.
• Maintenance and costs: Many associations handle maintenance and fund it through regular assessments. However, declarations can shift maintenance or repair duties to the individual owner(s) who benefit from a given limited common element.

Declaration documents

When you buy a condominium unit you should receive the declaration (often called the master deed, condominium declaration, or plat). This document:
* Lists and identifies limited common elements.
* Specifies which unit(s) have exclusive use of each limited common element.
* Describes who is responsible for maintenance, repair, and replacement.
If the declaration is unclear, state law and the association’s bylaws or rules may fill gaps; when in doubt, seek legal advice.

Laws and regulation overview

Condominium and common-interest laws vary by state. Several model acts have guided state statutes:
* Uniform Condominium Act (UCA, 1980): Adopted in a number of states.
* Uniform Common Interest Ownership Act (UCIOA, 1982 and later revisions): Adopted or adapted by various states.
* Other state-specific statutes (for example, Pennsylvania’s Uniform Planned Community Act and Virginia’s Real Estate Cooperative Act) also govern common-interest communities.

Because adoption and interpretation differ by jurisdiction, the declaration and state law together determine the specific rules that apply in any community.

Limited common elements vs. common elements

• Limited common elements: Owned by the association, reserved for specific unit(s), and used exclusively by those unit owners. Examples: a single parking space, a balcony assigned to a unit, a dedicated storage locker.
• Common elements: Owned by the association and available for use by all owners/residents. Examples: pools, elevators, community clubhouses, shared driveways and walkways.

Frequently asked questions

Who can use a limited common element?
* Only the unit owner(s) named in the declaration have the exclusive right to use the limited common element.

What are typical examples?
* Balconies and terraces attached to a unit, assigned parking spaces, private storage areas, and sometimes exterior doors or stairways that serve only certain units.

Who is responsible for upkeep?
* Responsibility is determined by the declaration and the association’s governing documents. Many associations maintain and pay for limited common elements from assessments, but declarations can require the benefiting owners to perform or fund certain maintenance.

What if the declaration is silent or ambiguous?
* State law and association bylaws or rules may govern unresolved questions. For disputes or unclear language, consult the association, request a legal interpretation, or seek an attorney experienced in community-association law.

Conclusion

Limited common elements combine shared ownership with restricted use. To understand your rights and responsibilities, review the condominium declaration and the association’s governing documents and confirm applicable state law. When responsibilities are unclear or contested, obtain clarification from the association or legal counsel.