A common element is defined as all portions of the property except the units. Examples of common elements include fitness centers, elevators, lobbies, walkways, lighting in common hallways, garbage collection areas, swimming pools, landscaping, club houses, and more.
"Limited common element." A portion of the common elements allocated by or pursuant to the declaration or by operation of section 3202(2) or (4) (relating to unit boundaries) for the exclusive use of one or more but fewer than all of the units.
What Is a Limited Common Element? The term limited common element refers to an aspect of a inium 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.
Common elements are owned in undivided shares by all inium unit owners as tenants in common and include portions of the inium shared or used in common by the inium's residents. Examples of common elements are: Building structural components and systems. Lobbies.
The Common Interest Ownership Act (CIOA) defines a “limited common element” as “a portion of the common elements allocated … for the exclusive use of one or more but fewer than all of the units.” The key phrase here is exclusive use.
Kitchen appliances within the units are not considered part of the common elements of a inium project since they are typically owned and maintained by individual unit owners. Swimming pools and greenbelt areas are examples of common elements as they are shared facilities within the inium project.