Florida, for example, requires that the association's policy must exclude, "all personal property within the unit or
limited common elements, and floor, wall, and ceiling coverings, electrical fixtures...within the boundaries of the unit and serve only such unit."
We are currently of the opinion that if the condo documents (master deed and bylaws) require the association to insure, for example, all units, common elements and
limited common elements, the CP 00 17 would pick up coverage for carpet, wallpaper and paint.
Some of this "inequity" is resolved in the condominium form of ownership through the concept of "
limited common elements" and the charge back of maintenance of the
limited common element to the owner of the unit.
It becomes more complicated with
limited common elements, such as a patio or balcony shared by only two or three units.
The declaration of condominium and/or the plat of survey attached to the declaration would identify what portions of the property, if any, are
limited common elements -- for the use of a specific unit owner.
The condominium instruments and rules and regulations shall not otherwise restrict the consumption of cannabis by any other method within a unit owner's unit, or the
limited common elements, but may restrict any form of consumption on the common elements."
The association is responsible for the maintenance, repair and replacement of the common elements, including the balconies, which are
limited common elements (part of the common building exterior but privately used by individual unit owners).
Is the association responsible for these
limited common elements, or am I?
Limited common elements, such as windows, are part of the common elements, per Section 2(s) of the Illinois Condominium Property Act.
Section 9(e) of the Illinois Condominium Property Act provides that the declaration or bylaws of the association may provide for the assessment, in connection with expenditures for the
limited common elements, of only those units to which the
limited common elements are assigned.
Section 2(s) of the Illinois Condominium Property Act provides that a portion of the common elements can be designated as
limited common elements, and that the declaration can reserve the use of the
limited common elements to a certain unit or units.
Two parking spaces are assigned to my condominium unit as
limited common elements. Another unit owner wants to buy one of the parking spaces from me.
