What Are Common Elements and Limited Common Elements in a Florida Condo?

If you own, or are considering buying, a condo in Florida, knowing the difference between “common elements” and “limited common elements” can help avoid confusion, disputes, and unexpected costs. These terms are defined by Florida law under Chapter 718 of the Florida Statutes, commonly known as the Florida Condominium Act.

This guide explains these elements, who maintains them, and how they affect unit owners' rights.

What Are Common Elements in a Florida Condominium?

According to Section 718.103(8), common elements are:

“The portions of the condominium property not included in the units.”

These are the areas and components shared by all unit owners, such as:

• Building foundations, structural walls, and roofs

• Elevators and stairwells

• Hallways and corridors

• Pools, gyms, and clubhouses

• Parking lots and driveways (unless designated otherwise)

• Plumbing and electrical systems serving more than one unit

In essence, common elements are owned collectively by all unit owners as an undivided interest. You don’t own a piece of the lobby; you own a share of all common elements.

What Are Limited Common Elements (LCEs)?

Florida Statute 718.103(19) defines limited common elements as:

“Those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units.”

These are still considered part of the shared property, but their use is restricted to one or a few units. Examples include:

• Assigned parking spaces

• Balconies or terraces

• Storage lockers

• Private entryways

• HVAC units serving only one condo

• Boat slips assigned to specific owners

These elements may look like part of your unit, but legally, they’re common property, just limited in use.

Who Is Responsible for Maintenance and Repairs?

Element Type	Ownership	Use Rights	Maintained By
Common Elements	Shared by all	Used by all	Association
Limited Common Elements	Shared ownership	Reserved use	Usually, the unit owner (check docs)

While the condominium association typically maintains common elements, it often requires unit owners to maintain limited common elements at their expense (e.g., keeping a balcony clean, replacing a private AC unit).

Check your Declaration of Condominium and Rules & Regulations, as maintenance duties vary by building.

Why It Matters for Buyers and Owners

Knowing what’s common vs. limited common helps with:

• Avoiding surprise costs: You may need to pay for repairs to LCEs, even though you don’t “own” them outright.

• Dispute resolution: Understanding boundaries can prevent neighbor conflicts.

• Property value: Having exclusive rights to a limited common element (like a parking space or terrace) can increase your unit’s appeal.

• Insurance: You may need to insure improvements or fixtures in LCEs, while the association insures the structural elements.

Pro Tip: Check the Plat and Declaration

Florida condos are governed by legal documents like the:

• Declaration of Condominium

• Survey or site plan

• Association bylaws

These documents specify exactly which parts of the property are common, limited common, or privately owned. Never assume; read the docs before buying or making renovations.

Can Limited Common Elements Be Reassigned or Modified?

Yes, but usually:

• It requires amendment of the declaration, which may need a vote by unit owners.

• If changes affect unit boundaries or common elements, you must follow the procedures outlined in Section 718.110 or 718.113.

Final Thoughts

Understanding the difference between common elements and limited common elements is critical to smart condo ownership. These definitions impact your daily use, responsibilities, and financial exposure.

Before making assumptions about what’s “yours,” always check the governing documents and Florida law. And if you’re unsure, consult a Florida real estate attorney.

Would you like a downloadable checklist to help buyers identify LCEs before making an offer?