The Condominium Concept

            The Condominium Concept                                                                

Unit and the Unit Owner: The “unit” is that portion or part of the condominium property which is subject to exclusive ownership. The boundaries and the description of each unit must be specifically set forth in the declaration creating the condominium, and ownership of a unit entitles the owner to its exclusive use. Once the real property has been submitted to condominium status, all the individual units become separate parcels of real property. The use of the unit must be consistent with the regulations and restrictions in the declaration of condominium, and the association has an irrevocable right of access to each unit when it is necessary to maintain, repair, or replace a portion of the common elements or any portion of the unit to be maintained by the association pursuant to the declaration of condominium. The association also has the right of access to each unit when it is necessary to make emergency repairs in a unit to prevent further damage to common elements or to another unit.

When an owner receives title to a condominium unit, the title also includes the ownership of an undivided share of the common elements that are assigned to the unit by the declaration. The unit, together with its undivided share in the common elements, is known as the “condominium parcel.” A “unit owner” or “an owner of a unit” means the owner of a “condominium parcel,” and title includes ownership of both the unit and a portion of the common elements assigned to it. In order for property to be subject to exclusive ownership in a condominium, it must be created and identified as a unit and it must have an undivided portion of the common elements assigned to it. A room or area of the condominium property called a unit but not assigned percentage of ownership in the common elements has been classified by the courts as common elements and its owner’s claim to exclusive ownership was
disallowed.

Common elements:

The portion of the condominium property jointly

owned by all of the owners is defined as “common elements”

and itincludes all of the condominium property that is

not located within the defined boundaries of the
individual units. The property legally described
in a declaration of condominium must be one of
two kinds—it must be a “unit” specifically described

with a percentage of common element
ownership assigned to it, or it will be common
elements and jointly owned by all of the unit
owners. No portion of the common elements is
subject to exclusive ownership for so long as it
remains a part of the condominium.
The common elements are, however, subject to
exclusive use by a particular unit or units to the
exclusion of others if the declaration of condominium

permits it. Common elements set aside
for exclusive use by the declaration are known
as “limited common elements” and examples
include balconies, patios, storage lockers, and
assigned parking spaces. Except for these limited

common elements, all other portions of the
common elements are for use by all of the unit