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.”
If there are shared amenities such as private roads, a clubhouse, pool, and an entrance gate these amenities are often common elements of the inium and are owned in common by all of the unit owners.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
Common Elements - Common Elements are all portions of a inium complex except the Unit. This includes the parking lots, the grass and wooded areas around a inium complex, swimming pools, tennis courts, club houses, sidewalks, stairwells, balconies and the building structure.
(5) To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protections installed by inium associations and unit owners, this subsection applies to all residential and mixed-use iniums in the state, regardless of when the inium is ...
The Act defines a inium as “that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.” As the shares are undivided, the separate ...
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.
Common Elements of the inium Corporation are the land and structures in the inium Corporation other than the units themselves, such as the exterior landscaped areas, recreational facilities, parking garage, hallways, elevators, corridors, public washrooms, lobby areas, driveways, garbage rooms, electrical ...
Ing to Section 718.111(11), Florida Statutes, associations are generally responsible for insuring both units and common areas as they were originally constructed by the developer, as well as replacements of like kind and quality, in ance with the original plans and specifications.