What is the difference between a common element and a limited common element?

A common element is shared property everyone can use, like a lobby or roof. A limited common element is also commonly owned, but the declaration restricts its use to one or more, but not all, owners, like an assigned parking space or a balcony.

Is a balcony a common element or part of my unit?

Usually neither in the simple sense. A balcony attached to one unit is typically classified as a limited common element: it stays common property, but the declaration assigns exclusive use to that unit's owner.

Who repairs a limited common element, the owner or the association?

It depends on the declaration. The default rule makes the association responsible for common elements, but declarations frequently shift repair costs for specific limited common elements, like a balcony deck, onto the owner who uses it.

What the association ownsLesson 9 of 24

Academy/HOA & Community Association 101

Common elements vs limited common elements

Both are common property. The difference is who gets to use them.

A common element is everything in the community that is not a separately owned unit: hallways, roofs, grounds, structural walls. A limited common element is common property set aside for the exclusive use of one or more, but not all, owners, like a balcony or an assigned parking space. Both stay commonly owned; only the right to use one narrows.

What counts as a common element

Think of a common element as a leftover category: it is every part of the community that is not somebody's individually owned unit. Roofs, structural walls, hallways, lobbies, elevators, and shared grounds all fall here. In a condominium, this is where most of the physical building lives, since only the inside of each unit is separately owned.

"all portions of the common-interest community other than the units, including easements in favor of units or the common elements over other units."

Source: Nevada Revised Statutes Chapter 116, Common-Interest Ownership (Uniform Act), Nevada Legislature

The exact statutory wording and section numbers differ by state; check your own state's common-interest statute for its version of this definition.

What makes an element "limited"

A limited common element is still common property, the association or the owners collectively still hold it, but the declaration carves out exclusive use for a smaller group. A balcony attached to one unit, a patio behind another, or a parking space assigned to a specific owner are the classic examples. The space itself does not become part of the unit; only the right to use it is restricted.

"a portion of the common elements allocated by the declaration...for the exclusive use of one or more but fewer than all of the units."

Source: Nevada Revised Statutes Chapter 116, Common-Interest Ownership (Uniform Act), Nevada Legislature

Your declaration, not this lesson, decides which items on your property are treated as limited common elements. Read its list before assuming a balcony or a parking spot works the way this page describes.

Who maintains what, by default

The default rule splits maintenance the same way the ownership splits: the association maintains common elements, and each owner maintains their own unit. Limited common elements sit in between conceptually, they are common property, but the declaration can and often does shift the repair bill for a specific limited common element (a balcony deck, a reserved patio) onto the owner who uses it.

"the association has the duty to provide for the maintenance, repair and replacement of the common elements, and each unit's owner has the duty to provide for the maintenance, repair and replacement of his or her unit."

Source: Nevada Revised Statutes Chapter 116, Common-Interest Ownership (Uniform Act), Nevada Legislature

This is a default that the declaration can override, and frequently does for windows, exterior doors, and HVAC units. Confirm the actual assignment in your own declaration before telling an owner who pays.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

A condo declaration assigns one balcony to the exclusive use of the unit it's attached to. What is the balcony, legally?

The declaration says nothing about who repairs the roof. Under the default rule, who is responsible?

Two owners share one assigned parking space listed as a limited common element in the declaration. Can a third owner park there?

Sources

Nevada Revised Statutes Chapter 116, Common-Interest Ownership (Uniform Act), Nevada Legislature

Related elsewhere in the Academy

Component inventoriesMoney

HOA & Community Association 101

Next, see how these ownership lines connect to what your association can and can't do with the property. Read What does an HOA actually own?

What counts as a limited common element, and whether the declaration shifts its maintenance cost to the owner who uses it, varies by community and by state statute. Check your own declaration's list before relying on the examples here.

Not legal advice

totalHOA Academy is intended to provide general educational information and a practical starting point for understanding community association governance and operations. While we aim to provide useful and accurate information, we do not guarantee that every article is complete, current, or applicable to your specific association or situation.

Nothing in the Academy should be considered legal, financial, tax, accounting, or other professional advice. Laws vary by state, and your association's declaration, CC&Rs, bylaws, rules, policies, and other governing documents may impose different requirements.

Use the information in the Academy at your own discretion. Before making decisions that affect your association, its owners, finances, legal rights, or obligations, review your governing documents and consult an attorney, accountant, or other qualified professional when appropriate.