Re: Limited Common Elements and HOA Dues
From: Dave and Diane (
Date: Sat, 15 Oct 2005 16:48:19 -0700 (PDT)
Hi Ann,
Here are the relevant sections from our master deed and bylaws.
I hope this is helpful!

--Diane Simpson(:^]
JP COHOUSING  617-522-2209
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(b) Exclusive Use Areas: the Site Plan reflects the existence of various exclusive use areas appurtenant to certain Units (hereinafter "Exclusive Use Areas"). Each Unit shall have appurtenant thereto the exclusive right and easement, exercisable subject to and in accordance with the provisions and requirements of this Master Deed, the Declaration, the By-Laws and the Rules and Regulations, to use an Exclusive Use Area appurtenant to such Unit as set forth below:

For all Units, the exclusive right and easement to use the stoop, balcony, light well or other space to which such Unit has direct access (i.e., access which does not require one to pass over intervening Units and common areas) is shown on the Condominium Site Plan recorded herewith. The owner of a Unit having the exclusive right and easement to use a balcony or other space shall not overload, injure or damage said Area.

An Exclusive Use Area shall not be severed from the Unit to which it pertains, and shall be deemed to be conveyed or encumbered with the Unit to which such Exclusive Use Area is appurtenant even though such interest is not expressly mentioned or described in such conveyance or other instrument.
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(c)     All Units shall be subject to the following restrictions on design:

(i) The exterior appearance of the Building and the Units, including the Exclusive Use Areas, shall be preserved without modification except as provided herein or in the Declaration, and to that end, without limiting the generality of the foregoing, unless permitted by an instrument in writing duly executed by the Association or as may otherwise be provided for in this Master Deed or the Declaration, no changes may be made to the exterior of the Building or the Units, and no addition, structure or features shall be constructed in the Exclusive Use Areas.
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b. Each Unit Owner shall be required to pay a proportionate share of common expenses upon being assessed therefore by the Managing Board as is provided by this Master Deed and the Declaratio of Organization recorded herewith.


Section 7.1. Common Expenses

The Unit Owners shall be liable for common expenses and entitled to common profits of the Condominium in proportion to their respective percentages of beneficial interest as set forth in Exhibit B of the Master Deed. The Association may at any time distribute such common profits among the Unit Owners. The Association may, to the extent it deems advisable, set aside common funds of the Condominium as reserve or contingent funds, and may use the funds so set aside for reduction of indebtedness or any other lawful capital purpose. The funds so set aside shall not be deemed to be common profits available for distribution.

Limited common expenses shall be allocated among the Units to which they apply in the proportions their percentage interests bear to the total of their combined percentage interests. The liability of the Unit Owners and the remedies of the Board shall be the same for limited common expenses as for general common expenses. Because of the variable nature of these expenses, the Board may in its discretion specifically bill for them as they come due or estimate them and collect a fixed monthly charge therefor with periodic adjustments and collection (not less frequently than annually) to match the actual amount owned.

Unit Owners and other residents may be require work on Condominium common obligations in order to keep common expenses as low as possible.. The level and type of such work shall be agreed to by the Unit Owners in the same manner as the condominium budget, and their responsibility to deliver this work shall be enforced in the same manner as the monetary liabilities for common expenses.

On Saturday, October 15, 2005, at 02:17 AM, Ann Zabaldo wrote:

Date: Fri, 14 Oct 2005 12:08:46 -0400
From: Ann Zabaldo <zabaldo [at]>
Subject: [C-L]_ Limited Common Elements and HOA Dues

If you have a Limited Common Element (LCE) that is used solely by a single
homeowner to which no other unit owner has access (in this case REAR
balconies and decks) how do you apportion the HOA dues? Are the HOA dues structured so the unit owner of this type of unit pays enough in their dues to cover the cost of repair and/or replacement? Or do you simply spread the
cost of maintenance repair and replacement throughout all unit owners
including those which have NO exterior private space either front or rear?

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