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Condominium Maintenance – Am I Responsible for that?
Many owners in homeowner associations are often confused about common elements. In addition, governing documents can sometimes be vague in defining common elements, limited common elements and what residents own.
The easiest way to understand the concept of condominium ownership and responsibility is to see it as an apartment that is owned. Ownership extends inward from your interior walls, floors and ceilings. In addition unit owners are partners with all the other owners in the association regarding the exterior structure (the foundation, exterior walls and roof) as well as any common areas and amenities (for example, swimming pools, clubhouses, tennis courts, play areas, etc.)
How do you know what the owner maintains and what the association maintains? In many cases, the association will take care of all of the exterior upkeep of the buildings and grounds. Many new communities have shifted the responsibility of the exterior of the individual unit to the individual unit owner. This can vary somewhat from association to association, so it is important for a condominium buyer/owner to have a clear idea of exactly what they will (or will not) be responsible for.
Am I responsible for that or are you?
Potential condominium buyers/owners are looking for the separation of maintenance responsibilities between their unit and the common elements. The first step in determining such is researching the association’s legal documents to identify the physical assets that the association is responsible for and those that the individual unit owner has responsibility to maintain.
Common and Limited Common Elements – what does that mean?
Generally speaking, the governing documents will address that the Association is responsible for the maintenance and repair of Common Elements. The Association shall maintain, repair, and replace all physical assets designated as Common Elements, whether located inside or outside the Units. Unit owners are obligated to maintain, repair, and replace physical assets designated as within the boundaries of the Unit or Limited Common Elements.
Common Elements mean all portions of the Condominium other than the Units. Portions of the walls, floor, and ceiling/attic is considered part of the Common Elements. Any portion serving more than one Unit or any portion of the Common Elements is a part of the Common Elements for definitional purposes.
A Unit is a portion of the Condominium designated for separate ownership or occupancy, the boundaries of which are described in the Declaration. The boundaries of each Unit are defined as the interior unfinished surfaces of exterior perimeter walls, middle of interior demising walls, floor, ceiling/attic, doors and windows of the Unit, any wallboard, plaster, paint, tile, wallpaper, etc. All spaces, interior partitions, other fixtures and improvements, within the boundaries of a Unit, are part of the Unit.
Limited Common Elements generally mean any air conditioning or heating units, chute, flue, duct, wire, conduit, bearing wall, bearing column, whether located within or outside of the boundaries of a Unit, which serve only that Unit or are allocated solely to that Unit. Any shutters, awnings, window boxes, doorsteps, stoops, porches, decks, balconies, entryways, patios, exterior doors and windows, other fixtures designed to serve a single Unit, but located outside the Unit’s boundaries are Limited Common Elements allocated exclusively to that Unit. The unit owner is frequently responsible for the maintenance, repair, and replacement of the unit, and for the maintenance of the limited common elements designated for that unit owner’s exclusive use.
It is important for you to look at your specific governing documents; the articles of incorporation, bylaws, declaration of covenants, conditions, restrictions, and easements and any other rules and regulations for your community. Every community’s documents are exclusive to your community and even though they are similar in many ways they each have their own nuances. If the governing documents of the condominium association are unclear or ambiguous about the definition of Common Elements, Unit, and/or Limited Common Elements, it is imperative that the Board of Directors establishes the criteria for these three designations.
If you have questions about who may be responsible for specific items regarding your property, contact Klein Property Management at 732.446.0611 or visit us at www.KleinPropertyManagement.com
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