Ownership and Possession
The term “limited common elements” (“LCE”) refers to parts of a condominium project that are not within the defined boundaries of a unit but are intended to be used exclusively by one owner. Technically, LCEs are part of the common elements owned by all the owners, but one owner holds a type of easement which gives him/her exclusive usage rights. The easement is permanent, and cannot be taken away by the association or by the other owners. Decks, patios, parking spaces, and storage spaces are often assigned as LCEs on the recorded plat or survey map, in the CC&Rs, or in the deed conveying the unit to its owner.
Each owner in a condominium project or planned development is equally entitled to use all common area (other than Limited Common Elements) regardless of ownership or assessment percentage. However, governing documents may contain more specific requirements and limitations.