Ask Fred-What’s inside may be a part of common elements.

Question: I understand that areas in the condominium I manage are a part of the common elements, but are there any portions within each condominium that are also common elements?

Answer: Section 718.108 may be the statute to review.  Section 718.108 defines the common elements of the property, which includes condominium property which is not included within the units. But there is a huge exception. Each unit must allow for easements that are a part of the common elements.  Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units are common elements.  Further, an easement exists for support in every portion of a until which contributes to the support of a building.  All property and any installation required to furnish utilities or other services to more than one unit are common elements.  Your declaration may also designate other parts of the condominium property as common elements.

Hope this helps.

Thanks for Asking, Fred Gray

Click to read the statute –