Re: Who is Responsible for a Tree Root Damaging a Pipe That Serves Only One Unit
this is what Florida law defines common elements as:
718.108 Common elements.--
(1) "Common elements" includes within its meaning the following:
(a) The condominium property which is not included within the units.
(b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements.
(c) An easement of support in every portion of a unit which contributes to the support of a building.
(d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements.
(2) The declaration may designate other parts of the condominium property as common elements.
If you take that and this (from your condo declaration):
a utility that serves more than one unit is a common element. Since the condo declaration states that something that serves only one unit is a limited common element, I would think it is covered.
I read my condo docs and they define something that serves only one unit as a limited common element and my condo docs say that all common elements and limited common elements are repaired and maintained by the association.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.