Understanding Property Ownership is an essential part of condominium living.
Property Ownership Within the Condominium Community
In a condominium association, the unit owners own everything - the units, buildings, pools, tennis courts, lawns, parking lots, roadways, etc. The association owns nothing and consequently pays no property taxes.
The property that you own is used and shared in different ways based on its classification. All condominium property in a multicondominium association (like Jupiter Bay) is included within the following categories:
- Unit Ownership - That portion of the condominium property subject to private exclusive ownership and use by the condominium owner of record. (e.g. appliances, furniture, fixtures, floor & wall coverings, inside wiring/plumbing, windows, etc.)
- Limited Common Elements - The portion of condominium property (generally the patios and balconies at Jupiter Bay) subject to association maintenance but reserved for the exclusive use of the unit owner.
- Individual Association (Building) Common Elements - The common elements that are part of a building or attached to a building and are for exclusive use by the residents of the building. In other words, those parts of a building that are neither limited common elements nor owned by a unit owner.
- Community Shared Common Elements - All other parts of the condominium complex that are shared equally by all owners within the community. (e.g., recreational facilities, parking lots, roadways, etc.)
These distinctions are crucial in properly managing the Association's finances, in that they dictate which expenses are associated with each ownership category. Correspondingly, they are used to determine which owners pay for the maintenance and repair of the various parts of the association property. The specific delineation of ownership boundaries are described below.
1. Condominium Unit Ownership
Section 6.1(b)(1) of the Association’s Declaration defines those portions of a unit to be maintained, repaired and replaced by the unit owner at his/her expense as including, but not limited to the following items: “service equipment, such as dishwasher, washer and dryer, hot water heater, refrigerator, air conditioning and heating, oven and stove, disposal and trash compactor, whether or not these items are built-in equipment; interior fixtures, such as electrical and plumbing fixtures; floor coverings, except for floor slab; and inside paint and other inside wall finishes.”
This would generally include the unit’s electrical circuit breaker panel and wiring inside the unit, the unit’s master water shut-off valve and water and sewer lines inside the unit, high-pressure fire sprinkler lines inside the unit, cable TV lines inside the unit, and the outside air conditioner compressor and lines running between the compressor and air handler. It also includes built-in cabinets and vanities, windows, and the interior walls that separate the unit’s rooms.
2. Limited Common Elements
According to paragraph 3.9 of our Declaration, "Limited Common Elements include the balcony area adjacent to and accessible by each unit." It also includes the unit's exterior door and any electric, water, fire sprinkler or sewer lines outside a unit that exclusively service a specific unit.
3. Individual Association (Building) Common Elements
Building Common Elements includes all parts of the building exclusive of the individual units. This includes the exterior walls, doors, catwalks, stairways, elevators, storage rooms, trash rooms, air conditioner compressor areas, recycling areas, and attached buildings or structures housing mechanical or electrical (e.g. master circuit breakers or generators) equipment.
- All portions of a unit, except interior surfaces, contributing to the support of the unit building including but not be limited to the outside wall of the unit building and all fixtures on its exterior, boundary walls of units, floor and ceiling slabs exclusive of finished surfaces and plaster, load-bearing columns and load-bearing walls.
- All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services contained in the portion of a unit maintained by the Association. This includes electrical wiring up to the unit’s circuit breaker panel, water pipes up to the individual unit shut-off valve, cable TV lines up to the wall outlets in the unit, and sewer and fire sprinkler lines up to the point where they enter the unit.
- All such facilities contained within a unit that service part or parts of the condominium other than the unit within which contained.
Each Jupiter Bay owner owns 1/32nd (in the East it's 1/135th) of their Building's Common Elements.
4. Community Shared Common Elements
Community Common Elements includes all: land within the condominium property, whether or not contiguous, recreational facilities (pools, tennis courts, spas, etc.), common-use buildings (maintenance building, pump house, pool cabanas and association office), parking lots, roadways, lake and lake bridge, waterfall, sidewalks, and post/pole lighting. All landscaping including lawns, trees and shrubs is considered part of the community’s common elements.
Each Jupiter Bay owner owns 1/359th of the Community's Shared Common Elements.