The One Condo Term Buyers Always Get Confused About
Question: “What exactly is a limited common element in a condo? And can it be assigned to just one unit, or to several?”
Great question—because the answer gets to the heart of how condos work.
🏙️ First, What Are "Common Elements"?
In a condo building, you own your individual unit, but everything outside your unit’s walls is typically considered “common elements.” That includes things like:
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The roof
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Elevators
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Lobbies, hallways, stairwells
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Landscaping and parking lots
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Structural components (like load-bearing walls)
These areas are owned collectively by all unit owners through the condo association. Everyone pays a share to maintain them.
🧩 So What’s a “Limited” Common Element?
A limited common element (LCE) is a shared area that’s reserved for the exclusive use of one (or a few) unit owners—but it’s still technically part of the common property.
📌 Think of it this way:
It's common, but limited in who gets to use it.
Common examples include:
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Balconies
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Patios
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Assigned parking spaces
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Storage lockers
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HVAC units or plumbing lines that only serve one unit
Even though these features serve a specific unit, they are not individually owned—they’re maintained by the condo association and governed by the condo’s bylaws and declarations.
🔄 Who Maintains Them?
This varies. Sometimes, the association is responsible for maintaining the LCE (especially things like plumbing or HVAC systems), and sometimes the unit owner bears responsibility for upkeep, like cleaning a balcony or replacing a broken light on their assigned parking spot. The rules are spelled out in the condo declaration documents (pullcom.com).
👥 Can a Limited Common Element Be Shared by More Than One Unit?
Yes.
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Some LCEs serve just one unit—like a private balcony.
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Others may be shared by a few units, like a hallway that serves all the units on one floor or a rooftop terrace limited to penthouse units.
In all cases, the condo declaration specifies exactly who has access and who pays for what. That’s why it’s essential for buyers to review those documents closely before buying.
⚖️ Ownership Summary
| Element Type | Ownership | Usage | Example |
|---|---|---|---|
| Unit (Interior) | Individual | Exclusive | Living room, bedroom |
| Common Elements | All Owners (Shared) | All units | Roof, lobby, elevators |
| Limited Common Elements | All Owners (Shared title) | Exclusive to one or more units | Balcony, parking space, HVAC |
🅿️ What Is a Deeded Parking Space?
A separately deeded parking space is quite different from a limited common element—and the distinction can have legal, financial, and practical implications for condo owners.
A deeded parking space means you own the space as real property, just like your condo unit. It has its own legal description, can be bought, sold, or mortgaged independently, and appears on your deed or in a separate deed entirely (BHHS Snyder).
Think of it like owning a standalone garage or a mini parcel of land—but it's just the rectangle of pavement in the garage.
🔑 Key Differences From Limited Common Elements
| Feature | Deeded Parking Space | Limited Common Element Parking |
|---|---|---|
| Ownership | Fee simple (outright ownership) | Common ownership with exclusive use rights |
| Transferability | Can be sold or transferred separately | Transferable with the unit or coordinated with the association |
| Taxation | May have a separate property tax bill | Included in unit’s tax assessment |
| Maintenance Responsibility | May be outlined in deed or condo docs | Typically maintained by the condo association |
| Governing Rights | Owner has legal title | Condo docs grant usage, not ownership |
⚖️ Legal and Tax Considerations
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Separate deed = separate title: You might even receive a second property tax bill if the space is treated as a standalone parcel (Federal Title).
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Selling or leasing: A deeded space can be sold or rented out to another owner—or sometimes even a third party—if allowed by the HOA (OnlineEd).
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Financing: If you're getting a mortgage, some lenders will require that deeded parking be included in the loan or listed separately on the title.
🔍 What to Look for in Condo Docs
Most parking spaces, including garage spaces, in condos are limited common elements. There are a few buildings, like Tower Villas, where they are deeded separately.
Not all deeded parking is created equal. Be sure to confirm:
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Is it separately deeded or appurtenant (tied to the unit)?
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Does the association restrict sales or rentals?
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Are there ongoing fees or assessments related to the space?
Always review the condominium declaration and plat maps to verify the legal status of the space.
🚗 Why It Matters to Buyers and Sellers
If you're a buyer:
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Owning a separately deeded space can add value—but also cost.
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Be aware of any parking restrictions, including use by tenants or guests.
If you're a seller:
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You may be able to sell the unit and parking space together or separately—but that depends on HOA rules.
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Parking can be a valuable bargaining chip in a competitive market.
🔍 Final Thoughts
Limited common elements can feel like “yours” because you use them exclusively, but legally they belong to the condo association. If you’re buying or selling, it’s smart to clarify what’s a true part of your deed and what’s technically shared—even if only you can use it.
A deeded parking space is real estate in its own right. It can offer more flexibility and control than a limited common element, but it also requires more attention to title, taxes, and HOA regulations.
If you’re unsure what kind of parking arrangement your condo has, check your deed, title report, and condo declaration—or ask your real estate broker to help you break it down.
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