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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5662
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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The limited Common Elements of the Residential Condominium

Customer Question

The limited Common Elements of the Residential Condominium Project and the Units to which they are appurtenant are generally described as follows:(i) one or more balconies or patios (not including or extending into decking or other materials constituting the balcony or patio surface), excluding the exterior surface of all walls of a Building which may surround part of the balcony or patio, and excluding the roof or decking (including the surface thereof ) above the balcony or deck, all of which exclusions shall remain Common Elements and not limited Common Elements), and (ii) one Parking Space ...
In this contract is the patio decking a Common area?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
"The limited Common Elements of the Residential Condominium Project and the Units to which they are appurtenant are generally described as follows:(i) one or more balconies or patios (not including or extending into decking or other materials constituting the balcony or patio surface), excluding the exterior surface of all walls of a Building which may surround part of the balcony or patio, and excluding the roof or decking (including the surface thereof ) above the balcony or deck, all of which exclusions shall remain Common Elements and not limited Common Elements), and (ii) one Parking Space"
They are saying that the deck is not a limited common area. They later go on to state that the exclusions including decking shall remain common areas.
"excluding the exterior surface of all walls of a Building which may surround part of the balcony or patio, and excluding the roof or decking (including the surface thereof ) above the balcony or deck, all of which exclusions shall remain Common Elements and not limited Common Elements)"
It sure sounds as though this common area based on the wording. Are there other portions of your governing documents that address decks?

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