Common Elements in Condo and Association Property

Common elements are shared parts of a condominium or association property that are used, maintained, or funded collectively.

Common elements are shared parts of a condominium or association property that owners use, maintain, or fund collectively. In plain language, they are the parts of the community that are not treated as one owner’s private space.

Why It Matters

Common elements matter because they help define what an owner controls individually and what the association manages for the community. Roofs, hallways, elevators, structural components, parking areas, pools, landscaping, and utility systems may all be treated differently depending on the governing documents.

The term also matters because shared property creates shared cost. If the association must repair a roof, replace an elevator, maintain a private road, or resurface a parking area, the cost may be paid through regular assessments, reserve funds, or special assessments.

Common elements also matter because they define repair boundaries. A leak, exterior wall problem, balcony defect, or damaged utility line can raise the practical question of whether the unit owner or the association is responsible for the work.

Where It Appears in Ownership Documents

Readers usually encounter common element language in a condominium declaration, plats or plans, bylaws, budgets, insurance summaries, maintenance rules, and resale disclosure materials. The documents may distinguish general common elements from limited common elements, such as a balcony or parking space assigned to one unit but still governed by association rules.

Common elements also appear in insurance and maintenance discussions. The boundary between unit responsibility and association responsibility can affect repairs, claims, and owner expectations after damage or deterioration.

In a sale, common element information may appear indirectly through the association’s budget, reserve study, inspection reports, meeting minutes, and disclosure package. Those records help show whether shared property is being maintained and whether major work may be coming.

Practical Example

In a condominium building, Unit 12 is the owner’s private unit. The lobby, elevator, roof, foundation, hallways, and exterior walls are common elements. A balcony attached to Unit 12 may be a limited common element if the documents reserve its use for that owner while keeping it under association control.

If that balcony needs structural repair, the governing documents may decide whether the owner pays directly, the association pays from common funds, or the cost is allocated in a more specific way.

Common Misunderstandings and Close Contrasts

Common elements are not the same as public property. They may be privately owned or controlled within the association structure, even though many owners use them.

They are also not always open for every owner to use in the same way. Some common elements are limited common elements assigned to a particular unit or group of units.

Another common mistake is assuming the association pays for everything labeled common. The association may manage the work, but the money often comes from owner assessments, reserves, or other community funding mechanisms.

Knowledge Check

  1. What are common elements? They are shared parts of a condo or association property used, maintained, or funded collectively.
  2. Why do common elements affect cost? Shared areas and systems often need maintenance funded through assessments, reserves, or special assessments.
  3. Are common elements the same as public property? No. They can be private association property even when many owners use them.
Revised on Friday, April 24, 2026