What Are Common Elements in a Florida Condominium?
According to Section 718.103(8), common elements are defined as:
“The portions of the condominium property not included in the units.”
These areas and components are shared by all unit owners and 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
In essence, common elements are owned collectively by all unit owners as an undivided interest. You don't own a piece of the lobby; rather, you own a share of all common elements.
What Are Limited Common Elements (LCEs)?
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 elements remain part of the shared property, but their use is restricted to specific units. Examples include:
Assigned parking spaces
Balconies or terraces
Storage lockers
Private entryways
HVAC units serving only one condo
Boat slips assigned to specific owners
While these elements may visually seem part of your unit, they are legally common property but limited in their use.
Who Is Responsible for Maintenance and Repairs?
Element Type | Ownership | Use Rights | Maintained By |
Common Elements | Shared by all | Used by all | Association |
Limited Common Elements | Shared ownership | Reserved use | Usually, the unit owner (check docs) |
Typically, the condominium association maintains common elements. However, it often requires unit owners to maintain limited common elements at their expense. For instance, you may need to keep your balcony clean or replace your private air conditioning unit.
It’s essential to check your Declaration of Condominium and Rules & Regulations, as maintenance duties can vary by building.
Why Understanding This Matters for Buyers and Owners
Knowing the difference between common and limited common elements can help in several ways:
Avoiding Surprise Costs: You may need to pay for repairs to LCEs, even though you don’t technically “own” them.
Dispute Resolution: Understanding boundaries can help prevent conflicts with neighbors.
Property Value: Having exclusive rights to a limited common element (like a dedicated parking space or terrace) can boost your unit’s appeal.
Insurance: You might need to insure improvements or fixtures in LCEs, while the association typically handles insurance for structural elements.
Pro Tip: Check the Plat and Declaration
Florida condos are governed by legal documents such as:
Declaration of Condominium
Survey or site plan
Association bylaws
These documents specify which parts of the property are common, limited common, or privately owned. Always read the documentation carefully before buying or making renovations. Don't make assumptions based on appearances.
Can Limited Common Elements Be Reassigned or Modified?
Yes, limited common elements can be reassigned or modified. However, usually:
It requires an amendment of the declaration, which may need a vote by unit owners.
If changes affect unit boundaries or common elements, you must follow the procedures outlined in Section 718.110 or 718.113.
Final Thoughts
Understanding the difference between common elements and limited common elements is essential for smart condo ownership. These distinctions directly affect your daily use, responsibilities, and financial exposure.
Before assuming anything about what’s considered "yours," always check the governing documents and be aware of Florida law. If you're uncertain, consider consulting a Florida real estate attorney.
Furthermore, if you’re looking for more information, would you like a downloadable checklist to help buyers identify LCEs before making an offer?