Who is responsible for upkeep on the common area at the condo's in which I reside?
Full Question:
The question is on Florida statues concerning the definition in statue 718.113 maintenance: the terms limited common elements versus common elements. There are no associations, documents or declarations that provide the answer, only the statue it's self. Before we hire a condo attorney, I would like to know if the home owner has the right of up keep for that limited common area, patio, area and the patio lattice fence, that separates, the common area?
05/09/2007 |
Category: Real Property ยป Homeowner's ... |
State: Florida |
#4301
Answer:
Under FL statutes the following definition applies:
"Limited common elements" means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration.
According to t718.113, "The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. "
I interpret this to mean that users, rather than the association, may maintain limited common areas by a provision in the declaration.
