The terms Common Elements and Limited Common Elements are legal terms used to define ownership and responsibities. Basically the Common Elements are those elements that are owned (and maintained) by the association. These would include such items as the structural integrity of the unit, the roof, the driveways, the road, and the common landscaping.
Limited Common Elements are those areas that are within the owner’s control. They are very well defined in the CC&Rs and below but can basically be considered that a homeowner would create and maintain such as the enclosed backyards, the townhome upper decks, the enclosed entry points to the home, etc.
If you really want to find out more detail, you can read up on it at Condo Law Group here and here.
| Unit | Limited Common Elements |
|---|---|
| 11, 16, 17, 23, 24, and 29 | 2nd floor deck as defined in the Articles above and the “courtyard” surrounded by the fence. Elevated wooden walkways leading to the front door. The Unit 11 walkway includes the steps and the wood surface at the top of the steps. It does not include the railing for any of these units. The space between the driveways is Common Element. |
| 8 and 9 | Fenced in area in the back of the unit. Area between the fence in the front and the unit. The space between the walkway from the driveway to gate is LCE. |
| 2, 3, 4, 7, 31, 32, 35, 36, 37, 40, and 41 | The Courtyard in back of the unit surrounded by the fence. The area between the gate and the front of the unit. |
|
12, 13, 14, 15, 18, 19, 20, 21, 22, 25, 26, 27, and 28 |
2nd floor deck and “courtyard” surrounded by the fence and the gate. Wooden walkways between the “gate” and the front of the unit. The space between the driveways is Common Element. |
| 1, 5, 6, 10, 30, 33, 34, 38, 39, and 42 | Fenced in area in the back of the unit. Two units have a front gate, 10 and 33. Other units have an “implied” front gate: 1, 5, 6, 38, and 42. Everything between the beginning of the walkway to the front door is Limited Common Element and the space between the walkway and the unit is Limited Common Element. For those units without a physical gate, the concrete walkway starting at the garage to the front porch is Limited Common Element and the space between the concrete walkway and the unit is Limited Common Element. In all Units, the area between unit driveways is considered Common Element. |