1. The declaration of condominium sets the boundaries of an individual’s unit and establishes their ownership of an undivided share of the common elements.
2. Common elements include property not included in the units, easements for utility services, support for buildings, and installations for utilities and other services.
3. Common elements belong to all owners and include everything except the units in which people live, such as corridors, lobbies, garages, and technical rooms.
4. Condo corporations are generally responsible for the maintenance, repairs, and replacement of common elements. – Whirlpool tubs, trellises, and elaborate screen enclosures installed by condominium unit owners are not common elements of the association and must be insured separately.
– The precise definition of common elements as set forth in the declaration of condominium determines the rights and responsibilities associated with the property.
– Limited common elements, such as balconies, patios, storage lockers, and assigned parking spaces, are reserved for the exclusive use of certain unit owners, while all other portions of common elements are for use by all unit owners. 1. The association is responsible for managing and maintaining common elements in a condominium.
2. The declaration of condominium may require unit owners with exclusive use of limited common elements to maintain them.
3. Maintenance responsibilities are separate from legal ownership of the property.
4. The declaration can direct the association to maintain limited common elements as a common expense or with costs shared by exclusive use unit owners.
5. The association can collect payment for these costs through assessment lien provisions outlined in the Condominium Act. 1. The association is responsible for maintaining common elements in a condominium.
2. Individual unit owners cannot make significant changes to the common elements or real property without following the procedures outlined in the condominium’s declaration.
3. Certain areas like parking spaces, balconies, and patios are considered common or limited common elements and are subject to regulation.
4. Unit owners are permitted to display a United States flag and install approved hurricane shutters on their unit. 1. Certain types of changes that substantially alter the rights of owners to use the common elements are considered an amendment to the appurtenances of a unit.
2. The right to use the common elements is considered an appurtenance that goes with each unit and cannot be taken away without a 100 percent vote of all owners and lien holders.
3. These findings are based on Section 718.106(2) and Section 718.110(4) of the Florida Statutes.
https://www.jimersonfirm.com/blog/2014/08/defining-maintaining-condominium-common-elements-florida/
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