Condominium Ownership: Your Unit and the Common Elements

For a condominium ownership question, separate the individual unit from the common elements. They are related parts of the ownership arrangement.

What belongs to the unit owner?

A condominium parcel is a separate parcel of real property. An undivided share in the common elements and common surplus passes with the unit. The owner has exclusive possession of the unit, subject to the statute, and use rights in the common elements.

An undivided share does not mean the owner separately owns a physically marked slice of the pool, roof, or hallway. The declaration identifies the property and the rights involved.

Watch the wording

“Only the interior unit” can leave out the ownership interest in the common elements. “The entire building individually” goes too far. Read whether the question asks about the unit, the shared elements, or both.

Do not assume every condominium arrangement is identical: Florida law also recognizes condominiums created on leasehold property.

Source: Section 718.106, Florida Statutes.

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