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Read your governing documents to understand the line between what you own individually and what you own with all other owners.

The line is usually described as 'the skin', 'the wallboard', 'the studs' and so forth. As well, your CC&Rs should define in particular what is owned in common within the walls. This definition may cover 'Plumbing', 'conduit', 'vents', and so forth.

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14y ago
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13y ago

Read your governing documents to determine the line that separates what you own as a unit owner -- individually -- and what you own in common with all other owners. This may include limited common elements, including, for example, a dedicated, attached garage, a deck, or in your case, a roof.

Limited common elements are those which exist for the benefit of less than all of the owners, but are owned in common and not owned individually. These assets are usually managed -- maintained, insured, updated -- by the association based on a portion of your assessments set aside for such purpose.

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12y ago

There is no standard: every condominium is different from every other condominium.

Read your governing documents to identify the line that separates what you own as an individual owner and what is owned in common with all other owners. Look in the table of contents for 'Boundaries' or other term indicating a line of separation.

Your line may be 'the paint/wallpaper', 'the back of the sheetrock', 'the studs' or other.

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Q: Is the roof over a single unit in a multiple unit condominium considered common property?
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What is the definition of condominium?

A condominium is ownership in common with others whereby multiple owners own separate units in a structure (or structures) and a proportionate interest in the land and common areas.


Is condominium unit considered real property?

Yes. A condominium is real property and is an estate owned in fee: The owner can sell it, leave it to a beneficiary in his/her will or the property will descend to their heirs at law if they die without a will. Fee simple is the maximum form of real property ownership. Generally, a condominium project is a form of fee ownership by which several owners share ownership of a building(s) by each owning their respective units. In addition to their unit, each owns a proportionate interest in the land that forms the condominium property and common areas of the condominium.


Is an entry door to a condominium unit considered a common element?

It depends on your condominium governing documents, where you can find a list of assets owned as limited common elements, meaning assets owned in common for the benefit of a single or a single group of owners. Generally, in a high-rise condominium, for example, unit entry doors are considered limited common elements.


Who pays for property insurance in a condominium?

In a condominium usually the board pays for property insurance on all common areas. An individual owner pays for 4 walls, the ceiling, the floor, the inside of the door, and everything in between.


Is a locker or storage in a condominium a common property or limited common property?

Read your governing documents to identify which definition applies to your particular locker or storage area. There is no standard.


What is the meaning of the word condominium?

The word condominium generally means sharing ownership with others. A condominium is legal arrangement whereby multiple owners share ownership of real property. A portion of the property in the form of units is individually owned and the rest of the property is owned in common with all the unit owners subject to the provisions of the Declaration that created the condominium and to the provisions of state law. Generally, a condominium project is a form of fee ownership by which several owners share ownership of a building(s) by each owning their respective units. In addition to their unit, each owns a proportionate interest in the land that forms the condominium property and common areas of the condominium such as pools, recreation areas, game rooms, community rooms, elevators, stairwells, corridors, streets, surrounding land, laundry rooms, and unassigned parking areas. By the acceptance of their unit deed each unit owner agrees to have their unit subject to the provisions in the Master Deed. Although a condominium is governed by statutory law, can promulgate rules and regulations and assess monthly maintenance fees, the ownership of a condominium unit is considered a fee simple estate.


Are property rights associated with condominiums considered Fee Simple rights?

Your condominium-savvy attorney practicing in your state can answer this question for your particular property.(Your question may be based on some action you wish to take, in which case, you could ask another question about how to go about taking the action.)The answer may vary from state to state.For example, in Washington State, the developer owned the property, and submitted it to the provisions of the Washington State Condominium Act, and created the condominium community. Subsequently, each owner purchased an allocated interest in the property.You can read more about the fee simple definitions of real estate ownership, below.AnswerThe requirements for creating an estate in fee simple are simple: The owner can sell it, leave it to a beneficiary in his/her will or the property will descend to their heirs at law if they die without a will. Fee simple is the maximum form of real property ownership. Generally, a condominium project is a form of fee ownership by which several owners share ownership of a building(s) by each owning their respective units. In addition to their unit, each owns a proportionate interest in the land that forms the condominium property and common areas of the condominium. By the acceptance of their unit deed each unit owner agrees to have their unit subject to the provisions in the Master Deed. Although a condominium is governed by statutory law, can promulgate rules and regulations and assess monthly maintenance fees, the ownership of a condominium unit is considered a fee simple estate.


Is a condo private property?

Each condominium unit is the private property of its owner.The land enclosed within the boundaries of the condominium project or community is private property as regards the general public. No one who does not have an interest in the condominium has the right to use or enter the property.Exceptions would include such people as the owners' agents, employees, invitees, municipal workers, utility worker, postal workers, repair personnel, etc.


What does loss assessment mean on a homeowners policy?

Loss assessment on a homeowner's insurance policy is protection against getting sued for a person being injured on the property. This is a common insurance that condominium owners need to protect themselves from lawsuits for someone being injured in the common areas of the condominium complex..


Can a condominium declaration be cancelled?

Condominium projects are created pursuant to state law. The governing law in your state would be recited in the body of the Master Deed that ceated the condominium. You would need to review the Master Deed for the statute and research that statute to determine how to withdraw the property from its status as a condominium. It can be done. The provisions for terminating a condominium are set forth in the statute and generally involve the assent by majority of (or all) the owners. The most common withdrawal involves a failed condominium project. In that case all the units are acquired by a single owner and that owner can apply to remove the property from classification as a condominium. Such projects are converted into rental properties. You need to check the law in your state.


What is a Declaration of Condominium?

The recorded instrument that is sometimes called a Declaration of Condominium is the legal document that actually creates a condominium development under relevant state law. In Massachusetts it is called a Master Deed. A master deed submits the real property and the buildings to the statutory provisions that govern condominiums, divides a single property into individually owned units, includes restrictions and rules and regulations and provides for ownership of common areas.


Agency to call to report unsanitary conditions of condominium complex in Monmouth County New Jersey?

You may query the county health department and inquire about their process to report such conditions. Be aware, however, that the common areas owned by a condominium association are considered private property. The association's board may be responsible for maintaining a livable environment -- your governing documents may be specific about this duty.