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How to understand if our condo association has common areas?

Posted on Tue, Nov 16, 2010 @ 07:45 AM
  
  
  
  
  
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The board of the condo I live in says we have limited common areas, but there is not a record of this at the county clerks office. Not even in the master deed. When I asked the property manager about this she said it has to be done when the condo is sold on the deed. I don't understand that? If there are no amendments than can there be limited common area?

Here is the Michigan Condo Act.

559.139 Assignment and reassignment of limited common elements; application; amendment to master deed. Sec. 39. (1) Assignments and reassignments of limited common elements shall be reflected by the original master deed or an amendment to the master deed. A limited common element shall not be assigned or reassigned except in accordance with this act and the condominium documents. (2) Unless expressly prohibited by the condominium documents, a limited common element may be reassigned upon written application of the co-owners concerned to the principal officer of the association of co-owners or to other persons as the condominium documents may specify. The officer or persons to whom the application is duly made shall promptly prepare and execute an amendment to the master deed reassigning all rights and obligations with respect to the limited common element involved. The amendment shall be delivered to the co-owners of the condominium units concerned upon payment by them of all reasonable costs for the preparation and recording of the amendment to the master deed. (3) A common element not previously assigned as a limited common element shall be so assigned only in pursuance of the provisions of the condominium documents and of this act. The amendment to the master deed making the assignment shall be prepared and executed by the principal officer of the association of co-owners or by other persons as the condominium documents specify.

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Comments

How old are the condos and how many units are there? 
 
Are the condos an apartment type complex or situated on open land?  
 
What state are you from?
Posted @ Tuesday, November 16, 2010 8:15 AM by Victor
I am interested to hear how this is defined because we have the issue in IL.. We have common areas and limited common areas that are undefined. The BOD has said the limited common areas are driveways and are partly the responsibility of the owners... For liability reasons of course... They do not want to pay for salt and ice removal etc. They also have not seal coated or taken care of the private drive or driveways regarding seal coating according to the deed and its in the budget yr after year yet never gets done.. Makes a owner wonder whats happening to that money year after year?
Posted @ Tuesday, November 16, 2010 10:08 AM by Pie
Check out this link on the subject. 
http://www.chicagocondoresource.com/condo-living/maintenanceaz/141-who-is-responsible-common-elements-a-limited-common-elements 
 
Vic
Posted @ Tuesday, November 16, 2010 10:29 AM by Victor
If there are limited common area they should be defined in the covenants. If they are not, then it may be a safe bet there are none. Limited common areas are those areas that only a unit owner would have access to, such as his driveway, patio, etc.
Posted @ Tuesday, November 16, 2010 10:47 AM by mary
Victor I am from Michigan. The master deed states talks about common and limited area. It states that the association is resposible for all coomon area which includes driveways, porches, windows, doors, roofs, landscape and everythin else not limited common area. But I can't find any registered limited common area.
Posted @ Tuesday, November 16, 2010 7:55 PM by leah
I had to go to the RMC and get a copy of our common areas, since the original owners never had the docs to pass along. It was recorded and on micro film since our townhomes are 25 yrs old. Our common areas are the pond between two of our buildings, ground up near the street and about two feet in front of our homes to the street. We have a private road that the city does not take care of - we will have to pave some day.On your condos as it was said before limited common areas would be patios or porch that only the owner has right to use. We take care of our own driveway and building. The HOA only cuts grass on the entire property - no bushes, trees on the owners property. We are South Carolina.
Posted @ Tuesday, November 16, 2010 7:56 PM by Judith
I vahe been to the county clerks office. I have looked at the master deed and every ammendment to our condo (22 years old) nowhere does it show limited common area. But the board is always talking about everyones limited common area. I don't get it???? It should be registered somewhere.
Posted @ Tuesday, November 16, 2010 8:04 PM by Leah
Leah a limited common area in my association is an outside deck. I have use of the deck but the association has to fix or replace the deck. 
 
Posted @ Tuesday, November 16, 2010 9:09 PM by Victor
Why don't you ask the management company for a copy of the yearly audit. The audit will show the money for the reserve account and what they need to fix in the coming years.
Posted @ Tuesday, November 16, 2010 9:11 PM by Victor
Vic, thanks so much that was a good read and very easy to understand. If that is true how do we handle the next issue snow and salt after two or more inches of snow. the board has not salted in over 4 years. They think they dont have to because of the ILCS 745 snow and ice removal act... 
 
http://law.justia.com/illinois/codes/2005/chapter58/2084.html  
 
Let me know your thoughts the Declarations and by laws state the Association is responsible for snow and ice and each owner will received snow removal and salt after two inches. I have never gotten salt this is my 4th year here and the snow removal leaves much to be desired for and its a homeowner doing the removal with his truck with one plow.. Declaration and Bylaws state NO COMMERCIAL ACTIVITY not quite sure why the BOD feel the rules don't apply to them.... all the do is drop the plow and back drift the snow which packs it down on the drive and creates a sheet of ice eventually! I have been removing snow and salting my own driveway for 3 plus years.. I am buying a snow blower this year! We have a new infant in the home I can just see falling with the carrier now in the winter and not only injuring my self but one of the children!
Posted @ Monday, November 22, 2010 9:42 AM by Pie
Vic I forgot to mention the BOD address this issue with assoc attorney and they told them UNDER NO UNCERTAIN terms could they not salt and plow driveways and walk ways. If she continued to make it an issue the attorney would no longer rep our association... We have a new attorney now! Just wondering how I prove whats taking place in a court of law? Do I take pics all day everyday for each snow storm we get this year and file petition in the spring? Do I get homeowner signatures stating they received no salt!
Posted @ Monday, November 22, 2010 9:47 AM by Pie
Pie I'm not a lawyer so what I think is only my interpretation. 
 
The ILCS 745 snow and ice removal act states that if the person makes AN ATTEMPT to remove the snow and ice then they can not be held liable. The key word being ATTEMPT. It would seem to me that if the BOD do not make an ATTEMPT to remove the snow/ice then they/the association could be held libel if someone were to fall and hurt themselves. 
 
This is how I interpret ILCS 745. You could call city hall and ask someone there about the law or ask a lawyer. 
 
Vic
Posted @ Thursday, November 25, 2010 5:36 AM by Victor
I used to work for the U.S.`Postal Service. I fell delivering mail. Because the apartment complex had salted the steps they had alter the act of God and were held liable. The had to pay back my workmen comp to the Post office.
Posted @ Thursday, November 25, 2010 10:21 AM by l
How does salting the steps make a person fall? In our complex just the opposite happened. The steps were not salted and the person slipped on the ice!  
 
Posted @ Thursday, November 25, 2010 11:41 PM by Victor
Caused the snow to melt. Which later turned to ice on steps. When they salted the steps they changed the act of God. They were liable. The apartment complex ended up paying close to $20,000.
Posted @ Friday, November 26, 2010 7:15 AM by l
Depending on how cold it is outside the snow can melt to ice. With that simple fact in mind who ever was in charge of salting the snow should have salted enough that when the snow melted the person should have continued to throw salt on the ground so it did not turn to ice.  
 
Do you have an outside vendor who takes care of snow removal and salting the ice? Who was the person who actually salted the snow?
Posted @ Friday, November 26, 2010 8:30 AM by Victor
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