Condo Q&A

Is condo board legally responsible for fixing limited common element?

Written by stephen polinsky | Wed, Sep 26, 2012 @ 01:27 PM

Just moved into condo which includes a private garage-designated as a "Limited Common Element", which means it is for our private use but belongs to the association. We are but four of 20 units that has a commercial garage door and opener system (due to building support columns in our wider garages). The other three are renters, as we're the only owner with this type of door. There are no walk-through doors for access to this garage. In the event of a power outage, we're the only unit, lived in by the owner, that cannot use a by-pass system to manually open the door through a lock-pull-disengage system.

Our management company implied to fix this with a different-WORKABLE system that will cost aprox $1000, would be at our (the home owners) expense since we're the only ones asking for garage access in during a power outage. Seems that since 16 of the 20 units have clear access to their garage in outages, we should too. And since they don't have to pay anything for THEIR garages, and this is a limited common element, we believe the association should pay this. Should there be a power outage right before a hurricane, our ability to evacuate would be impossible. We live right on the Gulf. Do we have legal rights here if board refuses to pay for this fix?