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Questions & Answers
Q. Our new condo association property manager stated that the association is responsible for the replacement of the owners’ garage floor on an as needed basis. The garages are not shared with anyone – are they part of the limited common elements?
A. Condominium communities are made up of units and common elements. Owners individually own their units. A unit is typically defined as the air space within the walls of a unit, as shown on the condominium map of the community. All of the owners together own the common elements, which are generally made up of the structure of the buildings, grounds, pools, etc. The common elements are then further divided into general common elements and limited common elements. Typically, limited common elements are defined as those parts of the common elements that are limited to or reserved for the exclusive use of less than all of the owners. In this case, assuming the garages are not defined as being part of the unit and are for the exclusive use of a particular owner, then they would most likely be a part of the limited common elements, depending of course on the specific language of your declaration and the condominium map of your community.
That being said, assuming the garages are limited common elements, the question of who has the maintenance obligation for the garages, whether it be the association or the owners, is document specific. Some declarations require that owners maintain the limited common elements attached to their units. On the other hand, some declarations place the maintenance obligation on the association. In order to definitely answer such a question, the declaration of your community would need to be reviewed.
[PRINTER FRIENDLY VERSION]
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Educational Forums
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For Board Members
January 11
The Discrimination Complaint
6:00 PM - 7:30 PM
Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)
For Managers
January 11
The Discrimination Complaint
12:00 - 1:30 PM
Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)
Click here to register
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Community Associations Institute (CAI)
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The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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