Condominium Common Element With Bright Red Blood In North Carolina
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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.
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. Parking areas.
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.
Unlike the common elements, the limited common elements are restricted to the use of one or a few unit owners. The right to use limited common elements is appurtenant to one unit or group of units, meaning that the right to use the limited common elements is tied directly to that unit or units' ownership.
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.
Limited common elements are parts of a condo that are assigned to individual units, but considered community property rather than the tenant's. Examples of limited common elements include windows, balconies, driveways, elevators, clubhouses, and swimming pools.
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.
The General Statutes of North Carolina is the official North Carolina legal code, a collection of the statewide laws in force at the time of publication regardless of when they originally became law.
Condo owners share ownership of the common areas with other owners, while common areas in townhouse developments are usually owned by the homeowners' association for the benefit and use of unit owners.
Generally, the North Carolina inium Act requires unanimous approval of amendments that shift the allocation of undivided interests in the common elements or in the common expenses. A covenant amendment as to the party responsible for limited common element maintenance is not such an amendment.
