In Florida, balconies, parking spaces, storage units, and even areas of a shared clubhouse have been considered limited common elements; as mentioned above, the defining characteristic is that they are for the use of a single unit “to the exclusion of all other units.”
Start by looking up the specific property, or even any unit in the same building, at the county property appraiser's website. Scroll down and click on the Book/Page of the last Warranty Deed . This will link to the clerk of courts website and open up a deed.
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
In Florida, balconies, parking spaces, storage units, and even areas of a shared clubhouse have been considered limited common elements; as mentioned above, the defining characteristic is that they are for the use of a single unit “to the exclusion of all other units.”
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
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.