Common Element vs Common Area

Started by BW • 3 replies • 5326 views

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BW (Colorado)
Posts: 28

Posted:

Our Declaration's definition for Common Area "shall mean all real Property owned by the Association for the common use & enjoyment of the owners and includes that property described as follows: Parcel A etc. Parcel A is the landscaped areas within islands, around guest parking, entrance to community.

Later the Declaration states Common Elements. Should we have a Definition of Common Element such as "all real Property such as exterior wall, roofs, gutters, exterior windows, doors of townhomes?

In addition, the Declaration states Limited Common Elements & refers to fixtures laying partially within & outside the designated Units but serving only that Unit--porch, steps. Should we have a Definition for Limited Common Elements?

Do most Declarations have an Article just for "Definitions" so the uneducated know what is being talked about? If so, please, please give me the Definition for (1) Common Element (2) Common Area and (3) Limited Common Area.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A common element is an object. That is a clubhouse, exterior of buildings/houses, or other solid objects.

A Common area is essentially the "Grassy area" around the homes. If it has grass on it and can be landscaped it's common area.

Not sure on the limited common area reference offhand. I do know of "Exclusive use" of common area. A owner may have "Exclusive use" of the common area around their homes. This is typically any flower beds or areas that seem to "define" each owner's space. Limited may be in the same lines of this.

Former HOA President

JM2 (Oregon)
Posts: 439

Posted:

Hi BW:

In general, Common Element is a term used in condominiums, referring to property/structures owned in common by the Association; Common Area is used in Planned Unit Developments, and refers to commonly owner properties, which would be called by various names, such as "tract" or "parcel." There are sometimes various varieties of one or the other, all terms should be defined in the beginning of the declaration, or some other place in the declaration.

JPM

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Bw: Property

efined Terms are included in Article I of our Declaration, on first page. However, it does not make a distinction between Common Facilities and Common Elements. I would 'guess' common element would refer to a building or structure: clubhouse, gazebo, etc., established for the common use of all members.

IMO, you would want to cite the common 'elements' and common 'area' in relation to those 'things' the association is responsible to maintain and repair--included in the fees collected from the association membership.

'Limited Common' refers to that portion of Common Facilities allocated for the exclusive use of one or more units, but less than all Units, as shown on the Plans.

You can also refer to your state's Planned Community Act or Condo Act under definitions.

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