Appear to be Gray
By Kathy Kahl Hollinger Insurance Services
to note the definitions of Unit Owner/Member/Owner, Common Elements and Limited Common Elements to understand the obligations of the association and the unit owner. Just because a person resides within an association, they are not automatically a Member of the association. Only those with legal ownership of a unit are Unit Owners/Members entitled to the benefits conveyed by the association. The association has no obligation to confer any benefits to a renter of a condominium or townhome. Common Elements are those parts of the property available for the enjoyment of more than one Unit Owner. The association assumes full responsibility for the Common Elements. Conversely, a Limited Common Element is a portion of the property that serves a single unit.
Limited Common Elements are gray areas. Although the word “Common” suggests an association responsibility, this might not always be the case. Since a Limited Common Element is for the benefit of a single owner, the owner is responsible for regular maintenance and upkeep. However, if a Limited Common Element is damaged due to a covered cause
When Black & White
The association has no obligation to confer any benefits to a renter of a condominium or townhome.
of loss, the association may be obligated for its repair or replacement. In many situations involving a Limited Common Element, the association may take the position that it is up to the unit owner to make repairs because it serves only their unit and they are responsible for its maintenance. On the other hand, the unit owner may take the stance that the association is responsible because a Limited Common Element is still considered part of association property.
Once familiar with the definitions, the sections within the governing docu- ments that speak to “Maintenance, Repair, and Replacement” and “Insurance” can be reviewed to sort through the dispute over the associa- tion versus unit owner responsibilities. Quite often, these sections make it seem as though things are still pretty gray. It is important to keep in mind what these
sections are designed to convey.
The “Maintenance, Repair and Replacement” section outlines those portions of the property for which the association will assume responsibility. The terms “repair” and “replacement” are frequently interpreted to mean that the association
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