What is Unit vs. Common Element

UNIT BOUNDARIES:

2.2.1    The upper boundary of a single-story Unit and of the first story of a Unit with a walk-up attic storage area or an upper room is its ceiling.  The upper boundary of a Unit with a walk-up attic storage area or upper room is the ceiling of the attic storage area or room and the ceiling of the portion of the Unit without a walk-up attic storage area or upper room above it.  The lower boundary of a single-story Unit and of each story of a Unit with a walk-up attic storage area or an upper room is its floor. The vertical or parametric boundaries of a single-story Unit and of each story of a Unit with a walk-up attic storage area or upper room are its perimeter walls extended to intersections with each other and with its ceiling and floor in the case of a single-story Unit and with the ceiling and floor of each story in the case of a Unit with a walk-up attic storage area or an upper room.  The planes formed by such boundaries shall be projected, if necessary by reason of structural divisions such as interior walls and partitions, to constitute complete enclosures of space and all improvements within that space, but in the case of a Unit with a walk-up attic storage area or an upper room shall not be projected across the open space caused by the stairwell between the two stories. 

2.2.2    A Unit includes the space within the attached garage.  The upper boundary of the portion of a Unit constituting the garage is the ceiling above the parking area.  The lower boundary of such portion of a Unit is its floor. The vertical or parametric boundaries of such portion of a Unit are its perimeter walls extended to intersections with each other and with the garage ceiling and floor.  The planes formed by such boundaries shall be projected, if necessary by reason of structural divisions such as interior walls and partitions, to constitute complete enclosures of space and all improvements within that space.

2.2.3    Without limiting the generality of the foregoing, a Unit includes:

1. a. all lath, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces of its boundaries (including the boundaries of the portion thereof constituting a garage);
2. b. the portions, if any, of any chutes, flues, ducts, conduits, wires, or any other apparatus other than bearing walls and/or bearing columns, in any such case lying partially within and partially outside of its boundaries (including the portion thereof constituting a garage) as defined above but serving only the Unit itself and no other Units; and
3. any portion of any electrical, plumbing (including, without limitation, faucets), heating, gas or other utility systems not owned by the utility provider, serving it alone and located under or attached to the exterior of the ceiling, floor and/or walls constituting its boundaries (including the portion thereof constituting a garage) as defined above.

2.3       A Unit does not include the following:

2.3.1.   any portion of the ceiling, floor and walls constituting the boundaries of the Unit (including the portion thereof constituting a garage) as defined above, not specifically defined as part of the Unit in Clause 2.2.3.;

• any apparatus described in Section 55-79.50(c) of the Act and serving not only the Unit itself but other Units as well or any portion of the Common Elements;

2.3.3.   any doors (including garage, screen and storm doors), windows (including storm and screen windows), doorsteps, porches and/or any other apparatus designed to serve a single Unit, but located outside the boundaries thereof, all of which shall constitute Limited Common Elements pertaining to a Unit; and

2.3.4.   the portion of the fireplace brick chimney not located within the boundaries of the Unit as defined in Clauses 2.2.1 and 2.2.2 above.



COMMON & LIMITED COMMON ELEMENTS:

3.1                  Common Elements.  Common Elements consist of all portions of the Condominium (including the Limited Common Elements) other than Units. 

3.2        Limited Common Elements.  The Limited Common Elements consist generally of driveways and parking spaces adjacent to garages, doors (including garage, screen and storm doors), windows (including storm and screen windows), doorsteps, porches, patios and the portion of the fireplace brick chimney not located within the boundaries of a Unit as defined in Clauses 2.2.1 and 2.2.2 above. The balance of the Limited Common Elements consists of any apparatus described in Section 55-79.50(c) of the Act and serving more than one Unit.  A Unit’s electrical master switch and the cover thereto are Limited Common Elements if such switch and cover are located outside the boundaries of the Unit (including the portion thereof constituting a garage), which switch and cover shall be part of the Limited Common Elements appertaining exclusively to the Unit adjoining such Elements.

3.3        Assignment of Limited Common Elements.  No Limited Common Element may be assigned in whole or in part to any other person or entity by the Unit Owner of the Unit to which it appertains other than in connection with sale of such Unit.  No Limited Common Element may be reassigned or converted to a Common Element.