Virginia Beach, VA asked in Real Estate Law for Virginia

Q: I need a simple explanation as to the ownership of limited common elements of a condo association.

I'm convinced that the limited common elements associated with each unit (in our case the patio is the area in question) belong to the Association while only the upkeep therefore is the responsibility of the unit owner. We have may unit owners that insist that they own the patio and do not have to permit inspection for example.

The issue is really only to explain to those owners the difference of ownership of the unit and exclusive use of the appurtenances thereto such as the patio.

Thank you.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: What you need is a legal review of your condo docs and titles. Other than reading them, there is no reliable way to know what they say.

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