Who controls ‘limited common elements’ contained in associations’ governing documents
Michael Bogen devotes his legal practice to representing hundreds of condominium and homeowner associations. Bogen, who is admitted to practice law in Florida, Washington, D.C., and Nevada, also is admitted before the United States District Court in the Southern and Middle Districts of Florida. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.
EMAIL: column@Condo Law.com Realtor designations: Broker Realtor How long in real estate? 25 years What made you get into real estate? My family and my best friend were in real estate. Also, I like helping people to find their dream homes. What separates you from other Realtors? I am dedicated to providing my buyers and sellers with undivided attention to details and a work ethic of professionalism with integrity. Which neighborhoods/areas are your specialties? Coconut In our building, there are currently a number of utility closets that house air conditioners and water heaters. The board has decided to keep these utility closets unlocked in order for maintenance to gain quick access to an air conditioning unit or water heater if there is a leak or malfunction. However, I’m worried about other people accessing these utility closets for the purpose of causing mischief. What can we do? The board may pass reasonable rules and regulations governing the common and limited common elements. Assuming these closets are Creek, Coral Springs, Hillsboro Mile, Deerfield Beach, Parkland and all of Boca Raton Describe your working style: I listen to the wants and needs of my buyers and sellers and map out a plan of action. Communication is very necessary in the completion of the real estate deal plus, of course, knowledge of the market. What advice do you have for buyers? Get qualified with a mortgage broker before you look at properties. What advice do you have for sellers? The most important advice is common or limited common elements, the real question is how reasonable of a rule the board passed concerning the unlocked closets. I would voice your concern at a board meeting and by letter via certifiedmail to the board. If the board’s concern is formaintenance personnel to gain access in the case of a malfunction, then maybe you could recommend that the maintenance personnel be given a key to these closets. The board recently entered into a contract with a new cable and internet company. Must the owners approve this agreement? to price your property correctly right from the start. And of course, make it look marketable. Clean out the clutter! Are you involved in any charitable organizations? Yes, my daughter, Kristy, who also is a Realtor had a kidney transplant five years ago, my son was the donor. We are so thankful for great results. We are getting involved with “The Leading Ladies,” a charity that works toward donations for University of Miami research for kidney disease. What’s one thing people would be surprised to know about you? I was No. However, at the next owners meeting, any owner may make a motion to cancel the contract. If a majority of the owners vote in favor of themotion to cancel the contract, the contract will be cancelled. This votemust occur at the next scheduled owners meeting. If the vote fails or no one makes a motion to call for a vote to cancel the contract, the contract may not be cancelled. What are “limited common elements” and who owns the “limited common elements”? first runner-up to Miss USA World and worked in Chicago as a model and actor doing TV commercials. Full disclosure: It was quite a few years ago! CALL Sally Ann Carlson, Regency Realty Services, (561) 212-2778 • EMAIL sallyacarlson@aol. com • VISIT RegencyFlorida.com Common elements are part of the association property that may used and also are owned by all owners. Each unit owner owns a certain percentage of the common elements. For example, the roof on the building is a common element because all owners benefit from the roof. On the other hand, the carpet in your unit only benefits you and not the other owners. As a result, the carpet is not considered part of the common elements.
So what are these things called the “limited common elements”? They are parts of the common elements that are still owned by all unit owners but only may be used by GARRETT A. FOSTER DEBORAH DOCHERTY TRACY KOLODY ARIEL GONZALEZ TANYA PLATH 954-425-1642 954-425-1029 954-425-1695 954-425-1053 954-425-1517 one or a certain number of owners. For example, a common part of the association that is deemed a “limited common element” is an owner’s balcony. Although the balcony is part of the common elements, many associations deem the balcony a “limited” common element because only the owner whose unit is attached to the balcony is able to use it rather than all of the owners in the association. Depending on their governing documents, some associations make limited common elements the responsibility of the owners to maintain and other association documents make it the association’s responsibility to maintain the limited common elements.