HOA glossaryProperty & ownership
What is a limited common element?
Common property assigned to the exclusive use of one unit or a small group of them, such as a balcony, patio or assigned parking space.
Also called: LCE
A limited common element is not private property and not general common area. Title sits with the association or the members collectively, but the right to use it belongs to a specific unit. Balconies, patios, entry stoops, assigned spaces, storage lockers and the exterior of doors and windows are frequent examples.
The consequential question is maintenance, repair and replacement, and the declaration frequently splits it: the owner cleans and maintains, the association repairs and replaces, or some other division. Insurance follows a similar split, and the two do not always align.
Alterations are also constrained. Enclosing a balcony or replacing a window that faces the street is usually architectural review territory even though the owner has exclusive use.
Why it matters to a board
Write the maintenance split into a chart the manager and the owners can both read. It resolves the majority of repair arguments before they start.
Where the answer lives
Your recorded declaration and bylaws first, then the act that governs associations in your state. Whichever is stricter is the one that binds you.
Related terms
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