Re: Condominium Law
From: OC611NGC (normangausscharter.net)
Date: Wed, 28 May 2008 13:41:28 -0700 (PDT)
Sharon:

Does your community make any attempt at mapping the "Limited Common Elements" and listing those people who are privileged to use each one in an exclusive manner?

Our development is made up of a complex of duplexes and triplexes. On the deed of each unit appears "Exclusive Use Common Areas" (EUCA's) including a porch, patio and parking space. The walkway leading to each unit could be defined as a "Limited Common Element" the same as your corridor but does not appear on the property deed. And I don't believe that a unit owner can prevent the use of his/her walkway by anyone. The EUCA's however are subject to exclusion of anyone the owner wants to exclude.

Since the HOA owns these EUCA's and walkways, residents are not required to replace or maintain them.

In our CC&R's, there is an article authorizing the creation of new EUCA's. Recently our community has decided not support creation of new EUCA's, because these would be legal appurtenances to the units and transferable in the event of a sale. Therefore, they would have to appear in the county real estate records so that they could be found upon title search.

In the case of your Limited Common Elements, would these be legal appurtenances to each unit (i.e. the corridor serving a given unit) and thus be transferable upon sale? Unless they appeared on a Grant Deed, exclusive use could not be automatically granted to the new buyers. Thus, if one unit is exchanged for another down the corridor, would the owner of the new unit retain exclusive privileges of the corridor in front of the old unit?

Norm Gauss
Oak Creek Commons
Paso Robles, CA


----- Original Message ----- From: "Sharon Villines" <sharon [at] sharonvillines.com>
To: "Cohousing-L Cohousing-L" <cohousing-l [at] cohousing.org>
Sent: Tuesday, May 27, 2008 6:23 PM
Subject: [C-L]_ Condominium Law



Both as an example of the messes we create when we get clever, and
looking for any advice out there, I have a question. Our condo law
defines 'Limited Common Elements" as:

 "Limited common element" shall mean a portion of the common elements
reserved for the exclusive use of those entitled to the use of 1 or
more, but less than all, of the units."

Then our Declaration defines corridors as limited common elements. The
corridors are mostly used by the people who live on them but are open
to anyone to use and are fire exits. Has anyone else run into this
contradiction?

I would think that "exclusive use" would mean that the unit owners to
which the elements are assigned, could prevent anyone else from using
the corridors. The reason this is important is that the law also says
that the units to which the limited common elements are assigned are
responsible for their replacement and maintenance.

Sharon
----
Sharon Villines
Takoma Village Cohousing,Washington DC
http://www.takomavillage.org



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