Limited common area addition - burdon other owners?

I do not have any specific legal knowledge – just what I understand from my Condominium Documents, which could of course be different from yours.

Typically Limited Common is still Common, owned by the Association, that is by all Unit Owners in common. Anything built on Common Area ground would also be Common or Limited Common.

IMO, it does not matter who pays for it. Once built, the proposed shed would become Association Property (unless your “Condo documents” are not typical) and the Association would have to maintain, and insure and include in the Master Policy. The shed would belong to the Association.

Think about what happens if that Unit (the Unit Owner who wants the shed) changes hands. That shed is not part of that Unit as was conveyed to him/her so how could the shed be conveyed, sold, to a new owner of that Unit?

As GlenL posted maybe if your “documents” were changed with 100% (unanimous) approval of all Unit Owners in the Association, not just of those of that particular building, unless there is some special provision within your documents where the “Unit“ is defined differently in different buildings. So probably all deeds (100%) would have to change, and so would require the approval of all Owners.

How do your “documents” define what a Unit Owner “owns”? How are your Common and Limited Common Areas defined?

Steve, they say: "Never say never." because someone will prove you wrong but I've never heard of what you are describing. Are you saying that someone who lives in building A would not have the right to walk across the lawn of building D (or vise versa) because it is set aside for the exclusive use of that building? We actually had that battle between a H/O who lives in building 7 and our former president who was quite put out that the H/O's girlfriend who lives in building 10 (former presidents building) had given the H/O a key to the entrance door of building 10.

For what it is worth here is how our documents differentiate between common and limited common elements:

A. Description. The Common Elements shall consist of all parts of the
Condominium Property except the Units, as described in Section 2.1 (H) hereof.

B. Ownership of Common Elements. The Common Elements comprise, in the aggregate, a single freehold estate and shall be owned by the unit owners, as tenants in common, and ownership thereof shall remain undivided. No action for partition of any part of the Common Elements shall be maintainable nor may any unit owner otherwise waive or release any rights in the Common Elements; provided, however, that if any unit be owned by two or more co-owners as tenants in common or as joint tenants, nothing herein contained shall be deemed to prohibit a voluntary or judicial partition of such unit ownership as between such co-owners

The undivided percentage interest of the unit owners in the Common Elements and the fee simple title to the respective units shall not be separated or separately conveyed, encumbered, inherited or divided, and each undivided interest shall be deemed to be conveyed or encumbered with its respective unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to such unit.

Such percentage amount shall remain constant and shall not be changed except by an amendment pursuant to Article XII of this Declaration or by an amendment to this Declaration unanimously approved by all Unit Owners affected by such change.

C. Use of Common Elements. Each Unit Owner shall have the right to use the Common Elements and any property owned or leased by the Association in accordance with the purposes for which they are intended and for all purposes incident to the use and occupancy of his unit, and such rights shall be appurtenant to and run with his unit; provided, however, that no person shall use the Common Elements or any part thereof in such manner as to interfere with or restrict or impede the use thereof by others entitled to the use thereof or in any manner contrary to or not in accordance with this Declaration, the By-Laws and the Rules.

D. Use of Limited Common Elements. Each unit owner is hereby granted an exclusive and irrevocable license to use and occupy the Limited Common Elements located within the bounds of his unit or which are designated for exclusive use of that Unit, which shall consist of:

(1) Private balcony or patio areas.

(2) Garages assigned as provided in Section 3.1 above, if any.

(3) Door stoops, if any.

The Association shall have the responsibility of maintaining the Garages but shall
invoice any costs or expenses related thereto to the Unit owners to whom the Garages are assigned, to be paid as provided in Section 5.3A of Article V of this Declaration.