Unit boundaries
In plain English: Unless the declaration says otherwise, this section explains where a unit stops and the common elements begin. Generally the finished interior surfaces, such as paint, flooring, wallpaper, and paneling, are part of your unit, while the structure behind them is a common element. Certain items that serve only your unit, and features like balconies, patios, entryways, exterior doors, and windows serving a single unit, are 'limited common elements' set aside for that unit's exclusive use.
Except as provided by the declaration:
1.
If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.
2.
If any chute, flue, duct, wire, conduit, bearing wall, bearing column or other fixture lies partially within and partially outside the designated boundaries of a unit, any portion serving only that unit is a limited common element allocated solely to that unit and any portion serving more than one unit or any portion of the common elements is a part of the common elements.
3.
Subject to the provisions of paragraph 2, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.
4.
Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, entryways or patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
Bills that change this section
HB4011 HOAs; duties; reasonableness standard Pro-homeownerHB2322 condominiums; commercial structures; residential structures Pro-homeownerHB2185 homeowners' associations; lawns; drought Pro-homeownerHB2614 homeowners' associations; assessments; liens; payments Pro-HOA industryHB2743 homeowners' associations; unlawful provisions; damages Pro-homeownerHB4050 homeowners' associations; foreclosure process Pro-homeownerSB1151 homeowners' associations; open meetings Pro-homeownerSB1659 homeowners' associations; rulemaking Pro-homeownerSB1674 homeowners' associations; rules; enforcement Mixed