what is a limited common element 
the term limited common element refers to an aspect of a condominium unit or complex that is considered to be the property of the community or homeowners association hoa rather than that of the tenant limited common elements may be found within or outside individual condo units although they are deemed common their use is limited to the occupant of the unit examples include balconies shared outdoor space such as patios and terraces and parking lots and garages understanding limited common elementslimited common elements are defined as any aspects of a shared condominium complex that are part of a unit but are not considered to be the sole property of the owner or tenant limited common elements may include things that are directly connected to individual condominiums such as outer doors windows and balconies they may also include amenities which service every community resident equally such as driveways garages elevators clubhouses swimming pools and boat slips essentially although these features may be used by individual owners and occupants they are ultimately owned by the community as a whole declaration documents lay out what classifies as limited common elements declaration documents are provided to unit owners when they purchase a condo they specify the aspects and amenities that are considered limited common elements as well as outline which parts of the property belong to the condominium owner the declaration also delineates the responsibilities of the unit owner regarding maintenance repair and replacement of limited common elements maintenance of limited common elements usually remains the responsibility of the hoa unless otherwise specified in the declaration much of this is paid for through the collection of monthly condominium fees from unit owners in cases where the declaration does not specify it is generally assumed that the responsibility of maintaining those elements remains with the community association as in all such cases it s important to get the advice of a legal authority when there is any doubt special considerationslaws and regulations that govern condominiums and similarly planned communities including the ways they regulate common elements vary from state to state although many states have adopted similar legislation there are some jurisdictions that do not allow for the implementation of such legislation the uniform condominium act uca was established in 1980 to create and govern condominium associations fourteen states have passed this act into law including alabama arizona kentucky maine minnesota missouri nebraska new mexico pennsylvania rhode island texas virginia washington and west virginia 1the uniform common interest ownership act ucioa was created in 1982 as a set of state wide regulations for managing condominiums planned communities and real estate cooperatives five states enacted these regulations in 1982 including alaska colorado minnesota nevada and west virginia revisions to the ucioa were adopted by connecticut delaware vermont and washington in subsequent years 1pennsylvania passed the uniform planned community act upca which governs the creation and management of planned communities 2 virginia passed the real estate cooperative act as a companion to the uca in order to govern the creation financing and management of real estate cooperatives 3limited common elements vs common elementsalthough they may be used by people who live in the complex amenities that are not found in individual units are called common elements these elements remain the sole responsibility of the condo corporation or the hoa whether that s repairing maintaining or replacing them in their entirety examples of common elements include pipes electrical systems heating and air conditioning systems walkways security systems lighting in common hallways lobbies garbage and recycling areas and others 