Overview
Every Florida condo unit owner has an undivided interest in the building's common elements — hallways, the lobby, the roof — which the association maintains. Limited common elements, like a balcony or an assigned parking space, are legally still common property but reserved for one unit's exclusive use, and maintenance responsibility for these often falls to the individual owner rather than the association. Getting this distinction wrong can mean an unexpected repair bill, so it's worth checking your building's specific declaration rather than assuming.
What Are Common Elements?
Florida Statute 718.103(8) defines common elements as "the portions of the condominium property not included in the units." These are shared by all owners and typically include:
- Building foundations, structural walls, and roofs
- Elevators and stairwells
- Hallways and corridors
- Pools, gyms, and clubhouses
- Parking lots and driveways, unless designated otherwise
- Plumbing and electrical systems serving more than one unit
You don't own a specific piece of the lobby or the roof; you own an undivided share of all common elements collectively, alongside every other owner.
What Are Limited Common Elements?
Florida Statute 718.103(19) defines limited common elements as "those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units." These remain part of the shared property legally, but their use is restricted to specific units. Common examples:
- Assigned parking spaces
- Balconies or terraces
- Storage lockers
- Private entryways
- HVAC units serving only one unit
- Boat slips assigned to a specific owner
Even though these might feel like part of your unit, they're legally common property with restricted use rather than something you outright own.
Who Maintains What?
| Element Type | Ownership | Use Rights | Typically Maintained By |
|---|---|---|---|
| Common Elements | Shared by all owners | Used by all | The association |
| Limited Common Elements | Shared ownership | Reserved use | Usually the unit owner (check governing documents) |
The association typically maintains standard common elements, but often requires individual owners to maintain and repair the limited common elements assigned to their unit at their own expense — for example, keeping your balcony clean or replacing your own HVAC unit. Maintenance responsibilities vary by building, so check your Declaration of Condominium and Rules & Regulations rather than assuming.
Why This Distinction Matters
- Avoiding surprise costs: You may be responsible for repairing a limited common element even though you don't technically "own" it outright.
- Dispute resolution: Understanding the boundaries helps prevent conflicts with neighbors over shared or adjacent spaces.
- Property value: Exclusive rights to a desirable limited common element, like a dedicated parking spot or a terrace, can boost a unit's appeal.
- Insurance: You may need to insure improvements or fixtures within your limited common elements, while the association typically insures structural elements.
Check the Declaration and Plat
Florida condos are governed by documents including the Declaration of Condominium, the survey or site plan, and the association bylaws. These specify exactly which parts of the property are common, limited common, or privately owned. Always review this documentation before buying or making renovations — don't assume based on appearances alone.
Can Limited Common Elements Be Reassigned?
Yes, though typically this requires amending the declaration, which may need a vote by unit owners. If a change affects unit boundaries or common elements, it must follow the procedures outlined in Florida Statute 718.110 or 718.113.
Frequently Asked Questions
Do I own my balcony outright?
No. A balcony is typically a limited common element — legally common property, but reserved for your unit's exclusive use, and often your maintenance responsibility.
Who maintains a limited common element like a parking space or HVAC unit?
Usually the individual unit owner, though this varies by building. Check the Declaration of Condominium to confirm the specific rule for your association.
Can an association change what counts as a limited common element?
Yes, but it typically requires amending the declaration through a formal vote of unit owners, and any change affecting unit boundaries must follow the procedures in Florida Statute 718.110 or 718.113.
Where can I find out what's a common vs. limited common element in my building?
Check your building's Declaration of Condominium, survey or site plan, and association bylaws — these documents specify the classification of every part of the property.