What do you do when your condominium documents do not clearly identify the unit boundaries? If your community was created after July 1, 1992, you may be in luck because CCIOA provides some guidance.
Specifically, if your declaration designates the unit boundaries as the perimeter walls, floors, and ceilings, but contains no further guidance as to what portions of such walls, floors, and ceilings constitute the unit and what portions constitute the common elements, Section 202 of CCIOA will help. Section 202 designates all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring as being part of the unit.
Section 202 also provides clarification concerning utilities associated with the condominium unit. In particular, Section 202 states in situations where a utility lies partially within and partially outside the unit, any portion of such utility that services only that unit is a limited common element and any portion servicing more than one unit is a general common element.
On a final note, Section 202 also designates shutters, awnings, doorsteps, stoops, porches, patios, exterior doors, and windows as limited common elements.
If you’re utilizing Section 202 remember that it only applies to post-CCIOA communities (i.e. communities created after July 1, 1992) and it only applies where the documents are silent on the issue. If your declaration contains a more detailed, or different, description of unit boundaries or limited common elements, you will need to utilize the definition contained in your documents.
If you have questions with respect to the above discussion, please contact a Altitude Community Law attorney at 303.432.9999.