Limited Common Element

Started by SamE2 • 5 replies • 141 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SamE2 (New Jersey)
Posts: 310

Posted:

I’m in NJ and have a deck that is a limited common element. We are talking about installing an elevator. The elevator would require us to walk across the decks to access our units. There are 4 units per floor and 3 floors per building. What is required to change a limited common element to a common element? Would each unit owner have to agree or would it be 75% like changing our bylaws or a simple majority?

Thank you

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By SamE2 on 07/10/2025 8:57 AM
What is required to change a limited common element to a common element?

This would require an amendment to the Declaration a.k.a. the "Master Deed." Hence go to your Declaration (Master Deed) and look at the section on amending.

Nothing in the New Jersey Condominium Act supercedes what the Declaration says on amending.

The Declaration is different from bylaws.

ElleN (Idaho)
Posts: 1,334

Posted:

Caveat:

The courts say amendments to the Declaration (Master Deed) have to pass a reasonableness test. If the proposed amendment has a financially disproportionate effect on some owners, then it is vulnerable to legal challenge.

Would converting LCE to CE have a disproportionate effect? Maybe. I would a lot more information to judge this.

Ideally you all would get 100% of owners to agree on this amendment.

SamE2 (New Jersey)
Posts: 310

Posted:

Master deed requires 75 percent to change. I was thinking because it affects the way we use our property it may require 100 percent. Bedrooms are off the deck so with the elevator there would be more risk leaving bedroom doors open.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By SamE2 on 07/10/2025 11:13 AM
Master deed requires 75 percent to change. I was thinking because it affects the way we use our property it may require 100 percent. Bedrooms are off the deck so with the elevator there would be more risk leaving bedroom doors open.

If this passed with only say 76% of owners agreeing, then I think you are right that this amendment would be highly vulnerable to a legal challenge. In other words, I think a court might very well say this is not a reasonable amendment.

With the proposed new elevator, no way would I leave my bedroom door open when my neighbors could readily walk in.

Hence I agree that if you want this, then getting 100% of owners to vote for the amendment would be best.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By SamE2 on 07/10/2025 8:57 AM
I’m in NJ and have a deck that is a limited common element. We are talking about installing an elevator. The elevator would require us to walk across the decks to access our units. There are 4 units per floor and 3 floors per building. What is required to change a limited common element to a common element? Would each unit owner have to agree or would it be 75% like changing our bylaws or a simple majority?

Thank you

I am assuming “we” is the HOA. You will have to change the limited common element to common element. The reason is simple. Limited is limited. That means an owner has the right of exclusive use. If an owner has exclusive use, another owner doesn’t get to walk through another’s deck to get to theirs.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here