limited common area
Definition of limited common areas and facilities in the Condo Act. In a condominium, any apparatus intended to serve a single unit, but located outside the boundaries of the unit, is limited common area regardless of what the CC&Rs and plat say, including porches, balconies, patios, shutters, awnings, window boxes and doorsteps. See Utah Code §§ 57-8-10(2)(b). Additionally, as a general matter and unless the CC&Rs say otherwise, if a chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the boundaries of a unit, any portion of the item serving only that unit is limited common area, and any portion of the item serving more than one unit or the common area is common area. See Utah Code §§ 57-8-7.2(3).
Community Associations (noncondos)
Definition of limited common areas in the Community Association Act.
Rights of Use and Ownership
Limited common area is common area that is designated for use by a particular unit or lot to the exclusion of the other units or lots. Since it is common area, it is not owned by the unit or lot owner. But, the owner has the exclusive right to use the area. So for instance, another owner cannot enter the area and start barbecuing steaks on the grill. However, the association generally retains the right to enter the area, such as for maintenance or other purposes.
As common area, maintenance of limited common area is the responsibility of the
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Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)