unit definition


The actual boundaries of a condominium unit seem to be one of the least understood concepts in condominium living.  The declaration and plat determine what the boundaries of a unit are. To the extent a declaration fails to do so, the Condominium Act provides the default unit boundaries.

A condominium unit consists of essentially just the airspace within the perimeter walls and the drywall and paint on those walls.  Everything behind the drywall is common area.  The interior walls are also usually part of a unit.  As to the floor, finished flooring is part of the unit, but everything beneath the finished flooring is common area.  Generally, any material that constitutes part of the finished surface of a wall, floor or ceiling is part of a unit, and any other portion of a wall, floor or ceiling is part of the common area.

The door to a unit and the windows are actually common area (limited common area, to be exact), and not part of the unit, except for the paint on the inside of the door.  Patios, balconies, porches and doorsteps are all limited common area and are not part of a unit and so are not owned by the unit owner.

Limited common areas are common areas of the association, but are reserved for the

Members Area.  This resource is available to members.  Join us by subscribing today!

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8-13. Condominium plat to be recorded
57-8-3. Definitions
57-8-7.2. Scope -- Designation of certain areas
B. Investment LC v. Anderson (plat v CC&Rs, unit definition) '12
Country Oaks Condo MC v. Jones (what is unit, unit = enclosed area) '93