T.F. from Chicago, IL writes:
Dear Mister Condo,
In the City of Chicago, State of Illinois, is a chimney / flue serving only my unit common area or a limited common element?
Mister Condo replies:
T.F., regardless of what part of the country you are in the common elements and limited common elements are defined in your condominium’s declaration, by-laws and other accompanying documents. Typically, everything from the paint in is your personal property and completely your responsibility. Typically, everything else is a common or limited common element. If your by-laws are worded in such a way that any common element that serves only one unit is considered to be limited to that unit, then the limited common element is the likely interpretation of how to describe the chimney. However, I have seen many instances where such application of common sense has not dictated the same outcome. In these cases, as I suspect will be the case with you, the wording in the condo documents is so convoluted that it can often be interpreted multiple ways. This happens most commonly with windows and skylights but I can see where a chimney/flue will fall under the same condition. In these cases, it is typically left up to the courts to decide when a unit owner sues the association for the cost of maintenance of a common element that the association claims is not their responsibility. It is an expensive civics lesson, to be sure, but many times the only way to get a ruling on what is or isn’t a common or limited common element. Sorry that you find yourself in this position, T.F.. All the best!
Common Element or Limited Common Element; That is the Question!: https://t.co/SlsLG65YyP
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Mister Condo is correct, the governing documents will generally outline whether a component is a CE or LCE, but many components are left open to interpretation. In order to avoid on the fly interpretations, I have recommended to the associations we manage the development of a comprehensive list of components within their association and then work with their attorney to create a matrix outlining which components are CE verse LCE and further which LCE components are owner responsibility to maintain, repair or replace. This is because some LCE’s are the responsibility of the association to replace, but the owner to maintain. This type of matrix helps prevent frustration and lawsuits.