What Are Common Elements in a Florida Condominium and Who Maintains Them?

Key Takeaways

• Common elements are all portions of the condominium property not included within the units, plus specific easements and utility systems. Section 718.108(1) defines common elements to include four distinct categories: the physical property outside units, easements for utility conduits, easements of structural support, and property required to furnish utilities to more than one unit.
• The association is responsible for maintaining common elements, with a limited exception for common elements the declaration assigns to individual unit owners. Section 718.113(1) imposes this statutory duty. Maintenance of the common elements is not optional and cannot be deferred indefinitely.
• Limited common elements are a subset of common elements reserved for the exclusive use of one or more units — such as balconies, parking spaces, and storage areas. The declaration may assign maintenance responsibility for limited common elements to the unit owner, creating a hybrid responsibility structure.
• The boundary between what is a common element and what is part of the unit is defined by the declaration of condominium and the condominium plat. When ownership boundaries are unclear, the declaration controls — not the board’s characterization.
• Material alterations to common elements require approval by at least 75% of all voting interests unless the declaration provides otherwise. Section 718.113(2)(a) governs material alterations to common elements. Work that exceeds normal maintenance may require this supermajority vote.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Comparison Table: Common Elements vs. Limited Common Elements vs. Unit Owner Property
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined
• Conclusion

Short Answer

In a Florida condominium, common elements are all portions of the condominium property not included within the individual units, plus easements for utility infrastructure and structural support, and property that furnishes utilities to more than one unit. The association is legally required to maintain, repair, and replace common elements. Limited common elements — such as balconies, assigned parking spaces, and storage units — are a subset of common elements reserved for one unit’s exclusive use, and the declaration may assign their maintenance to the unit owner. When a dispute arises over who must fix something, the starting point is always the declaration of condominium and the condominium plat. A Fort Myers, FL condo lawyer can help interpret these documents and determine who is legally responsible for maintenance and repair obligations.

How Florida Law Handles This Issue

Florida’s Condominium Act provides a precise statutory definition of “common elements” and assigns clear maintenance obligations to the association. Understanding these rules is essential for resolving the most common disputes in condominium communities — particularly disputes in Miami-Dade, Orlando, and Tampa condominiums where aging infrastructure and dense construction frequently put common element maintenance in contention.

Section 718.108(1) defines the term “common elements” as follows:

“”Common elements” includes within its meaning the following:(a) The condominium property which is not included within the units.(b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements.(c) An easement of support in every portion of a unit which contributes to the support of a building.(d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements.”

This definition is notably broad. It encompasses not just the visible shared spaces — lobbies, hallways, pools, parking garages, and roofs — but also the invisible infrastructure running through the building: pipes, ducts, wiring, and conduits that pass through units to serve the building as a whole. An easement for these utilities exists by statute, regardless of whether the governing documents mention it.

The maintenance obligation is set out in Section 718.113(1):

“Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium.”

Limited common elements are those portions of the common elements reserved for the use of one or more — but fewer than all — units. Section 718.103(19) defines limited common elements as common elements that are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration. Common examples include balconies, assigned parking spaces, and private storage areas. The declaration may assign maintenance responsibility for limited common elements to the unit owner, creating a situation where the owner must maintain property that is legally part of the common elements.

Key Legal Rules

• Rule: All condominium property not included within the units is a common element by statute. Exception: The declaration may designate additional parts of the condominium property as common elements under Section 718.108(2), but it cannot designate property that is within the unit as a common element. Application: Review the declaration and condominium plat to determine unit boundaries.
• The association has a statutory duty to maintain, repair, and replace common elements. This duty is imposed by Section 718.113(1) and cannot be waived by board resolution or management contract.
• Limited common elements are legally common elements reserved for specific units. The declaration may assign maintenance responsibility to the unit owner, but absent such an assignment, the association bears responsibility. See Section 718.113(1), Fla. Stat.
• The association’s officers and directors owe a fiduciary duty to the members. Deferring maintenance of common elements while spending on discretionary items may breach that duty.
• Material alterations or substantial additions to common elements require approval by at least 75% of all voting interests unless the declaration provides otherwise. See Section 718.113(2)(a), Fla. Stat.
• The association has an irrevocable right of access to units during reasonable hours when necessary for the maintenance, repair, or replacement of common elements or to prevent damage. See Section 718.111(5), Fla. Stat.
• Disputes about the association’s failure to maintain common elements may be brought under Section 718.303, which provides the prevailing party with attorney fees and costs. DBPR mandatory nonbinding arbitration under Section 718.1255 is a presuit requirement for most such disputes.
• Rule: The association has both a statutory duty under Section 718.113(1) and a contractual duty under the declaration to maintain, repair, and replace common elements. Exception: Limited common elements may be assigned to unit owners by the declaration. Application: When the association breaches this duty and damage results inside a unit, the owner may bring breach of contract and/or negligence claims for all proximately caused damages.
• Insurance allocation does not eliminate the association’s liability for maintenance failures. The unit owner’s right to pursue the association directly for consequential damages exists independently of any insurance coverage. See Section 718.113(1), Fla. Stat.

Comparison Table: Common Elements vs. Limited Common Elements vs. Unit Owner Property

Issue	Common Elements	Limited Common Elements	Unit Owner Property
Who owns	All unit owners as tenants-in-common through undivided interest	All unit owners as tenants-in-common, but reserved for exclusive use of specific unit(s)	Individual unit owner
Who maintains	Association (statutory duty under Section 718.113(1))	Association unless declaration assigns responsibility to unit owner	Unit owner
Who pays for repairs	Common expense — shared through assessments	Common expense, or unit owner if declaration assigns maintenance to owner	Unit owner out-of-pocket or through HO-6 policy
Examples	Roof, exterior walls, structural systems, lobbies, hallways, elevators, pools, parking garages, utility pipes serving multiple units	Balconies, assigned parking spaces, storage areas, patios, HVAC units serving one unit	Interior walls, flooring, appliances, water heaters, window treatments, personal property

How This Issue Typically Comes Up

Dispute over who maintains the balcony railing

A unit owner at a Broward County condominium discovers that the railing on their balcony is rusting and structurally compromised. The association claims the balcony is a limited common element and tells the owner to fix it. The owner argues the railing is a structural component of the building and the association’s responsibility. Whether the association or the owner must maintain the railing depends on the declaration’s maintenance provisions. If the declaration assigns limited common element maintenance to unit owners, the owner may be responsible for the surface of the balcony — but structural components that contribute to the support of the building may remain the association’s responsibility under Section 718.108(1)(c).

A plumbing pipe inside the wall serves only one unit

A unit owner in an Orlando high-rise experiences a leak from a pipe located inside the drywall of their unit. The association argues the pipe is inside the unit and therefore the owner’s responsibility. The owner argues the pipe is a common element. Under Section 718.108(1)(d), property and installations required for furnishing utilities to more than one unit are common elements by definition. But if the pipe serves only the owner’s unit, the analysis turns on whether the pipe is “within the unit” as defined by the declaration. A plumber’s analysis of the pipe’s function and the declaration’s unit boundary definition are both needed to resolve the dispute.

A roof leak damages an individual unit

After heavy rains, a unit owner in a Tampa condominium discovers water intrusion through the ceiling, caused by a defect in the building’s roof membrane. The association initially claims the owner’s ceiling damage is the owner’s responsibility under their HO-6 policy. This argument conflates insurance coverage with legal liability. Under Section 718.108(1)(a), the roof is a common element. The association’s obligation to maintain the roof under Section 718.113(1) includes preventing water intrusion into units. Where the association’s failure to maintain the roof caused the damage, the unit owner has direct breach of contract and negligence claims against the association for all proximately caused damages — including interior finishes, personal property, contents, and loss of use — independently of any insurance coverage. Insurance coverage is a separate payment allocation question, not a substitute for the association’s accountability.

Common Mistakes Associations Make

• Telling unit owners that a repair is “their responsibility” without reviewing the declaration and condominium plat to verify unit boundaries. The board’s opinion does not override the governing documents.
• Treating all items inside a unit’s physical space as the unit owner’s responsibility. Pipes, ducts, and wiring serving multiple units or the building are common elements even when they run through a unit’s walls, ceilings, or floors.
• Deferring maintenance of limited common elements by claiming the unit owner must perform it, without a specific declaration provision assigning that responsibility.
• Performing material alterations to common elements without the 75% supermajority vote required by Section 718.113(2)(a). What the board characterizes as “maintenance” may legally qualify as a material alteration.
• Failing to maintain adequate reserves for common element repair and replacement. Section 718.112(2)(f) requires associations to fund reserves for the repair and replacement of common elements.

What Associations Typically Argue — and Why It Fails

“That item is inside your unit, so it’s your responsibility.”

This argument conflates physical location with legal ownership and maintenance responsibility. Under Section 718.108(1)(b) and (d), easements for utility conduits, plumbing, and wiring, and property required to furnish utilities to more than one unit, are common elements regardless of whether they physically pass through a unit. The relevant question is not where the item is located but what it is and what it serves.

“The declaration assigns limited common element maintenance to unit owners.”

Even if the declaration does assign certain limited common element maintenance to unit owners, that assignment applies to the items specifically identified in the declaration. It does not extend to structural components, items serving multiple units, or any portion of the common elements that the declaration does not expressly assign to owners. Broad assignment language may not cover structural defects.

“We don’t have the funds to maintain this common element right now.”

Budget constraints do not relieve the association of its statutory maintenance duty. The association has the authority and obligation to levy assessments for necessary maintenance and to fund reserves under Section 718.112(2)(f). Claiming inadequate funds while refusing to levy a necessary special assessment is not a valid defense.

How Courts Handle This

Florida courts interpret common element boundaries using the declaration of condominium and the condominium plat. When the governing documents are clear, courts enforce them as written. When boundaries are ambiguous, courts look to the statutory definitions in Section 718.108 and apply them to the specific structure.

Courts have consistently held that the association’s maintenance obligation under Section 718.113(1) is mandatory and cannot be waived or delegated except as specifically authorized by the declaration for limited common elements. A board resolution claiming the owner is responsible does not override the statute.

On the question of limited common elements, courts examine the declaration carefully to determine whether maintenance responsibility has been clearly assigned to unit owners. Ambiguous language tends to be construed against the association, particularly when the dispute involves structural or safety-related components.

In condominiums across South Florida and the Tampa Bay area, DBPR arbitrators apply the same statutory analysis. An owner who can demonstrate that a damaged item falls within the Section 718.108(1) definition of common elements — and that the declaration does not clearly assign its maintenance to the owner — typically prevails.

Edge Cases and Nuances

• Declaration redefining unit boundaries. Some declarations define the unit boundaries in ways that shift more maintenance responsibility to unit owners than the default statutory framework would suggest. A declaration that defines the unit to include all interior surfaces, including the interior face of perimeter walls, shifts the responsibility for those surfaces to the owner. These provisions are generally enforceable, but they must be explicit. Ambiguous boundary language does not expand the unit definition beyond the statutory default.
• Fixtures installed by the owner that attach to common elements. When a unit owner installs fixtures — such as a mounted television, a satellite dish, or a new HVAC unit — that attach to or penetrate common elements, questions arise about who is responsible for the common element damage or penetration. Installation without board approval may violate the declaration and expose the owner to liability for any resulting damage to the common elements.
• Material alterations requiring the 75% vote under Section 718.113(2)(a). The boundary between routine maintenance (which the board may authorize) and material alterations or substantial additions (which require 75% approval) is frequently disputed. Replacing a deteriorated roof with the same materials is maintenance; replacing it with a different material or profile may be an alteration. Owners who object to a board-authorized project may challenge it if the work qualifies as a material alteration requiring owner approval.
• Developer-era defects in common elements. Unit owners in newer buildings sometimes discover that common element defects originated during construction — faulty waterproofing, defective structural components, or improperly installed mechanical systems. These claims run against the developer and may involve construction defect statutes with specific notice and presuit requirements. The association may have standing to bring these claims on behalf of all owners, and individual owners may have separate claims for damage to their units.

What Homeowners Should Do

1. Read your declaration of condominium and condominium plat carefully. The declaration defines unit boundaries and identifies limited common elements. The plat shows the physical dimensions of the units and common areas. Together they determine what the association is responsible for maintaining.
2. Request maintenance records from the association in writing under Section 718.111(12). Ask for maintenance logs, inspection reports, vendor contracts, and reserve fund records related to the common element in dispute. The association must respond within 10 working days.
3. Photograph and document the damage. Take dated photographs and video of the damaged area, the source of the problem, and any visible defects in the common elements. Document the condition before any repair work is performed.
4. Send written notice to the association identifying the common element in need of maintenance, repair, or replacement. Describe the item, its location, and why you believe it is a common element the association is responsible for maintaining. Send by certified mail, return receipt requested.
5. Attend the board meeting where your maintenance request is discussed. Board meetings must be open to members. Raise your request at the meeting and ensure it is reflected in the minutes.
6. Retain an attorney who represents unit owners if the association refuses to acknowledge its maintenance obligation or performs inadequate repairs. An attorney can analyze the declaration, the condominium plat, and the statutory definition of common elements to assess whether the association’s position is legally defensible.

Your Legal Claims When the Association Fails Its Maintenance Duty

When a condominium association fails to maintain, repair, or replace a common element as required by Section 718.113(1), Florida Statutes, and the declaration of condominium, and that failure causes damage inside a unit, the affected unit owner generally has two independent legal claims.

First, the unit owner may bring a breach of contract claim. The declaration of condominium is a binding contract between the association and every unit owner. When the association fails to fulfill its maintenance obligations under the declaration and the statute, that failure is a breach of contract. The unit owner may recover damages for all losses proximately caused by the breach, including damage to interior finishes, personal property, contents, and loss of use of the unit.

Second, the unit owner may bring a negligence claim. The association owes a duty of reasonable care in maintaining the common elements. When the association knew or should have known of a condition requiring repair and failed to act with reasonable diligence, the failure constitutes negligence. The unit owner may recover all damages proximately caused by the association’s negligent conduct.

These claims exist independently of insurance. The question of how costs are allocated between the association’s master insurance policy and the unit owner’s HO-6 policy is separate from the question of whether the association is liable for failing to maintain common elements. A unit owner may pursue the association directly for all damages proximately caused by the maintenance failure, including consequential damages such as interior finishes, contents, and loss of use, even if insurance coverage is disputed, denied, or inadequate.

When Legal Action May Be Necessary

Legal action is appropriate when the association has refused to maintain, repair, or replace a common element after written notice, when the condition creates a safety risk or ongoing property damage, or when the association has improperly characterized a common element as the unit owner’s responsibility. When a maintenance failure causes damage inside a unit, the owner may assert breach of contract and negligence claims against the association for all proximately caused damages, independently of insurance. Homeowners may seek injunctive relief compelling the association to perform required maintenance, damages for property loss or diminished value, and attorney fees under Section 718.303. DBPR mandatory nonbinding arbitration under Section 718.1255 is a presuit requirement for most disputes.

Actionable Summary

Situation	Your Right	Legal Basis
Association refuses to maintain common elements	Bring action to compel compliance; recover attorney fees if you prevail	Section 718.113(1), Fla. Stat.; Section 718.303, Fla. Stat.
Association claims balcony or limited common element maintenance is owner’s responsibility	Review declaration — absent a specific assignment, association is responsible	Section 718.113(1), Fla. Stat.; declaration provisions
Association refuses to repair pipe or utility system running through your unit	Pipes serving multiple units or the common elements are common elements by statute	Section 718.108(1)(b) and (d), Fla. Stat.
Board authorizes common element work that may be a material alteration	75% owner vote required for material alterations unless declaration provides otherwise	Section 718.113(2)(a), Fla. Stat.
Association refuses to provide maintenance records	Records must be produced within 10 working days; $50/day penalty applies	Section 718.111(12), Fla. Stat.

Related Knowledge — Cross-Chapter Linking

Chapter 718 (Condos): Section 718.108(1) provides the statutory definition of common elements. Section 718.113(1) imposes the maintenance obligation on the association. Section 718.103(19) defines limited common elements. Section 718.113(2)(a) requires 75% owner approval for material alterations. Section 718.111(5) gives the association access to units for common element maintenance. Section 718.303 provides the enforcement mechanism with prevailing party fees.

Chapter 720 (HOAs): Chapter 720 does not contain a definition of “common elements” equivalent to Section 718.108. HOA common areas are defined by the declaration of covenants and the recorded plat. The maintenance obligation for HOA common areas flows from the governing documents, not from a statutory mandate comparable to Section 718.113(1). Enforcement under Section 720.305(1) provides prevailing party fees, but the substantive obligation is contract-based rather than statutory. This makes the scope of the association’s maintenance duty more variable in HOA communities and more dependent on the specific language of the declaration.

Frequently Asked Questions

What is the difference between a common element and a limited common element?

A common element is any portion of the condominium property not included within the units, along with the utility easements and structural support easements defined in Section 718.108(1). A limited common element is a common element — legally owned by all unit owners — that is reserved for the exclusive use of one or more specific units, as specified in the declaration. Examples of limited common elements include balconies, assigned parking spaces, storage lockers, and patios. Both types are common elements; the difference is who has the right to use them.

Is the association responsible for maintaining a pipe that runs through my unit?

It depends on what the pipe serves. Under Section 718.108(1)(d), property and installations required for furnishing utilities to more than one unit or to the common elements are common elements by statute. A pipe that serves your unit alone may fall within your unit’s boundaries as defined by the declaration. A pipe that serves multiple units or the building’s common systems is a common element regardless of where it is physically located, and the association is responsible for its maintenance under Section 718.113(1).

Can the association require me to maintain my balcony?

Yes, if the declaration specifically assigns maintenance responsibility for the balcony (a limited common element) to the unit owner. Section 718.113(1) provides that the association is responsible for common element maintenance “except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration.” If the declaration contains a clear assignment of balcony maintenance to owners, that assignment is enforceable. If it does not, the association bears the maintenance obligation.

What is a material alteration and when does it require owner approval?

Section 718.113(2)(a) defines a material alteration as a change in the use of a common element or a substantial addition to an existing common element. Work that goes beyond restoring the property to its original condition — such as replacing roof tiles with a different material, adding a new amenity, or changing the configuration of a common area — may qualify as a material alteration requiring approval by at least 75% of all voting interests. The board cannot authorize material alterations unilaterally. Owners who believe the board is proceeding with an unauthorized material alteration may challenge the action under Section 718.303.

Who pays when a common element failure damages my unit?

The association’s duty to maintain common elements and the affected owner’s right to recover all resulting damages come first. The association is responsible for repairing the common element that failed. When the maintenance failure causes damage inside a unit, the unit owner may bring breach of contract and negligence claims against the association for all proximately caused damages — including interior finishes, personal property, contents, and loss of use — independently of insurance. Insurance is a separate payment allocation question: the association’s policy may cover some costs, and the owner’s HO-6 policy may cover others, but insurance coverage disputes or gaps do not eliminate the association’s underlying liability for the maintenance failure.

Key Terms Defined

Common elements: Under Section 718.108(1), all portions of the condominium property not included within the units, plus easements for utility conduits and structural support, and property required to furnish utilities to more than one unit. The association is responsible for maintaining common elements under Section 718.113(1).

Limited common elements: Common elements reserved for the exclusive use of one or more — but fewer than all — units, as specified in the declaration. Section 718.103(19) defines this term. Examples include balconies, assigned parking spaces, and storage units. Maintenance responsibility may be assigned to the unit owner by the declaration.

Declaration of condominium: The recorded instrument that creates the condominium. The declaration defines the boundaries of each unit, identifies the common elements and limited common elements, and assigns maintenance responsibilities. It is the primary governing document for resolving boundary and maintenance disputes.

Material alteration: Under Section 718.113(2)(a), a substantial change in the use of a common element or a substantial addition to an existing common element. Material alterations require approval by at least 75% of all voting interests unless the declaration provides a different threshold. Board-authorized work that qualifies as a material alteration without the required vote is voidable.

Appurtenance: A right or fixture that is attached to and passes with the ownership of real property. In the condominium context, common element rights — including the easements defined in Section 718.108(1)(b) through (d) — are appurtenances to each unit and pass automatically with the sale of the unit without separate conveyance.

Conclusion

Florida’s Condominium Act defines common elements broadly and assigns their maintenance to the association as a statutory and contractual obligation that cannot be waived or delegated except as specifically authorized by the declaration. When the association fails this duty and damage results inside a unit, the affected owner has both breach of contract and negligence claims for all proximately caused damages, independently of insurance. Insurance is a separate payment allocation mechanism — not a substitute for the association’s liability. Understanding the distinction between common elements, limited common elements, and unit owner property is essential for resolving maintenance disputes and ensuring the association performs its legal obligations. If your association is refusing to maintain a common element, shifting maintenance responsibility to unit owners without a declaration basis, or performing work that may require owner approval under Section 718.113(2)(a), you have enforceable rights under Chapter 718, the right to recover all proximately caused damages, and the right to recover attorney fees if you prevail.

About the Author

Michael P. Mayoral, Esq. (Florida Bar No. 112080) is a co-founder of Perez Mayoral, P.A. and leads the firm’s homeowner-side maintenance and property boundary litigation practice. He represents unit owners in disputes about common element maintenance obligations, unit boundary definitions, and repair responsibilities under Chapter 718 across Florida. He has been featured by NBC Miami, the Daily Business Review, and the Sun Sentinel on condominium law issues and is the author of a LexisNexis practice guide on Florida condominium disputes.

How We Can Help

If your condominium association is refusing to maintain common elements, improperly shifting repair costs to you, or performing alterations without the required owner vote, the attorneys at our firm can review your declaration, the condominium plat, and the relevant statutes and pursue the association’s obligations on your behalf. We represent homeowners and unit owners only. We never represent associations. Our offices are in Coral Gables, Tampa, and Orlando.

If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Section 718.108, Florida Statutes (Common Elements Definition)
• Section 718.103(19), Florida Statutes (Limited Common Elements Definition)
• Section 718.113, Florida Statutes (Maintenance; Alterations)
• Section 718.111(5), Florida Statutes (Association Access to Units)
• Section 718.111(12), Florida Statutes (Official Records)
• Section 718.303, Florida Statutes (Obligations; Prevailing Party Fees)
• Section 718.1255, Florida Statutes (DBPR Arbitration)
• Section 720.305, Florida Statutes (HOA Enforcement)