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Who is responsible for upkeep on the common area at the condo's in which I reside?

Who is responsible for upkeep on the common area at the condo's in which I reside?

Q: Who is responsible for maintaining limited common elements in Florida?

In Florida, maintenance responsibilities for limited common elements depend on the condominium's declaration. It may specify whether the unit owners or the association is responsible for upkeep. If the declaration allows, unit owners can take care of these areas.

Q: Can condo associations change maintenance responsibilities for common elements?

Yes, condo associations in Florida can change maintenance responsibilities for common elements, including limited common elements, if permitted by the condominium's declaration. Such changes usually require a vote from the association members.

Q: What is the difference between common elements and limited common elements?

Common elements are shared areas accessible to all unit owners, such as hallways and pools, while limited common elements are reserved for specific units, like a patio or balcony. The distinction is important for understanding maintenance responsibilities and usage rights.

Q: Do Florida condo owners need permission to maintain limited common elements?

Florida condo owners may need permission to maintain limited common elements, depending on the condominium's declaration. If the declaration allows owners to maintain these areas, they can proceed without additional approval. Always check the specific rules.

Full question:

The question is on Florida statues concerning the definition in statue 718.113 maintenance: the terms limited common elements versus common elements. There are no associations, documents or declarations that provide the answer, only the statue it's self. Before we hire a condo attorney, I would like to know if the home owner has the right of up keep for that limited common area, patio, area and the patio lattice fence, that separates, the common area?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Florida

Answer:

Under FL statutes the following definition applies:

"Limited common elements" means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration.

According to t718.113, "The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. "

I interpret this to mean that users, rather than the association, may maintain limited common areas by a provision in the declaration.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are limited common elements in Florida condos?

Limited common elements in Florida condos are parts of the property that are designated for the exclusive use of specific unit owners. This can include patios, balconies, or parking spaces. The rules regarding these areas are typically outlined in the condominium's declaration.