What is the difference between a common area and a limited common area in a condominium?

What is the difference between a common area and a limited common area in a condominium?

General common elements are those that all owners in the condominium project can use. Stairways, lobbies, hallways, and amenities are often found on this list, as is the land the condominium sits on. Limited common elements are those that fewer than all the owners have the right to use.

In what condo document would you find information regarding provisions for common area easements?

Declaration of Covenants, Conditions, Restrictions and Easements, or CC&Rs will describe the type and location of common elements and easements, and they will also be detailed on the development’s plat. Governing documents determine who must maintain any easements.

What does limited common area mean?

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. Although they are deemed common, their use is limited to the occupant of the unit.

Who owns common area in Hoa?

Technically, exclusive use or restricted common area is part of the common area owned either by the homeowners association or by all of the owners, but one particular owner holds a type of easement which gives him/her exclusive usage rights.

Who is responsible for limited common area?

Maintenance, repair, and replacement of a limited common element is usually the responsibility of the association except to the extent the declaration shifts that duty to the unit owner.

Are balconies considered common areas?

Balconies or patios are part of the common elements because they are outside the boundaries of a unit. They are considered limited common elements because their use is limited to the owner or resident of the adjacent unit. Generally, the owner is responsible for these areas, including the surface and railings.

Can a HOA sell common area?

Yes, You Can Sell Common Elements–Usually “But generally you can withdraw any portion of the common area upon which no unit has been added if the master deed doesn’t prohibit it, sell it, and distribute the money to the owners.”

Where do I go to record an easement?

Once signed and notarized, the agreement should be recorded with the proper county office. If you are concerned about an easement or encroachment on your real estate, or if you would like to grant an easement and create a contract, consult with Shane Coons.

How to create an easement by express grant?

Marcie will create the easement by express grant. You can make an express grant of an easement by deed or will. Marcie, of course, will use a deed in this situation. At a minimum, the deed will: Identify the grantor, the owner of the property being burdened by the easement (i.e., the owner of the servient estate)

Where does a grant of easement have to be executed?

Execution: The Easement must be executed on behalf of both the Grantor and the Grantee and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.

How does a grant deed and reservation of easements agreement work?

Grantor, at Grantor’s sole expense, shall maintain Easements No.1, No.2 and No. 3 in a safe condition during the term of this Agreement and shall perform all maintenance, repair and modifications in such a manner that will not unreasonably impair or impede Grantee’s use of the surface over the Easement Areas.