Common Elements

Common elements is the term used in condominium law for the portions of the project that are owned jointly by all unit owners, as opposed to the individually-owned units. Common elements typically include the building's structural components (roof, exterior walls, foundation), hallways and lobbies, elevators, mechanical systems, recreational facilities, and the land under the building. The condominium declaration defines precisely what constitutes a unit versus a common element — this distinction matters for maintenance responsibility, insurance coverage, and improvement rights. In planned unit developments (PUDs), the equivalent term is 'common areas,' but in condominiums, 'common elements' carries precise legal meaning.

The boundary between your unit and the common elements determines who pays for repairs. A leaking pipe in a common-element wall is the HOA's expense; a pipe inside your unit walls may be your responsibility. Review the boundary definitions before a repair dispute arises.