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  1. #1
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    Default Is Garage a Limited Common Area or Part of a Unit

    My question involves a condominium located in the State of: CT

    One section of the declarations for my condo clearly lists garages under the definition of Limited Common Areas.

    However, another section of the same document that defines the Units seems to indicate that the garage is part of the Unit:

    Boundaries. Boundaries of each Unit created by the Declaration are shown on the Survey and Plans as numbered Units with their Identifying Number and are described as follows:

    (a) Upper Boundary: The horizontal plane or planes of the undecorated or unfinished lower surfaces of the ceiling bearing structure surfaces, beams and rafters on the garage, first and second levels, respectively, extended to an intersection with the vertical perimeter boundaries.

    (b) Lower Boundary: The horizontal plane or planes of the undecorated or unfinished upper surfaces of the garage, first and second level floors, respectively, extended to an intersection with the vertical perimeter boundaries.

    (c) Vertical Perimeter Boundaries: The planes defined by the inner surfaces of the studs and framing of the perimeter walls; the inner surfaces of the interior trim, and thresh holds along perimeter walls and floors; the exterior surfaces of closed windows and closed doors [Could this include a garage door?]; and the innermost unfinished planes of all interior bearing studs and framing of bearing walls, columns, bearing partitions, and partition walls between separate Units.

    Is there a conflict here or am I misreading something?

  2. #2
    Join Date
    Jan 2006
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    25,785

    Default Re: Is Garage a Limited Common Area or Part of a Unit

    does your deed include the garage?
    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.

  3. #3
    Join Date
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    The deed cites the recorded declarations (above).

  4. #4
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    It sounds to me like the ceiling structure of the garage is part of your unit, and the space inside the garage is a limited common area.

  5. #5
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    Quote Quoting Mr. Knowitall
    View Post
    It sounds to me like the ceiling structure of the garage is part of your unit, and the space inside the garage is a limited common area.
    Sorry, I omitted the next clause of the Unit definition, but here it is:

    (d) Inclusions: Each Unit shall include the spaces and improvements lying within the boundaries described in Sections (a), (b) and (c) above, and shall also include the spaces and the improvements within such spaces containing any space heating, water heating and air conditioning apparatus, and all electrical switches, wiring, pipes, ducts, conduits and television, telephone and electrical receptacles and light fixtures and boxes serving that Unit exclusively, the surface of the foregoing being the boundaries of such Unit, whether or not such spaces are contiguous.

    Now what do you think?

  6. #6
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    what you listed is somewhat of a generic statement. It neither includes nor excludes a garage specifically. It delineates what is the limits of your unit. It includes the garage only to describe the limits if a garage were included as part of your specific unit.




    the fact that the garage is specifically listed as a limited common use area would indicate that...well.....the garage is a limited common use area.

    As I asked before, does your deed include a garage as part of your unit?
    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.

  7. #7
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    And while we're at it, I might as well give you the last of it, too:

    (e) Exclusions: Except when specifically included by other provisions of Section 5.2, the following are excluded from each Unit: The spaces and improvements lying outside the boundaries described in Section 5.2 (a), (b) and (c) above shall not be included; and all chutes, pipes, flues, ducts, wires, conduits and other facilities running through any interior wall or partition for the purpose of furnishing utility and similar services to other Units and Common Elements.

  8. #8
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    doesn't change my answer. All you have posted is simply the delineation of your specific unit if any of the mentioned areas are involved. It does not state that you have a garage, or a first floor, or a second floor.

    Curious, so you have a first floor and a second floor? Do all units? Do all units have garages?
    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.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
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    28,620

    Default Re: Is Garage a Limited Common Area or Part of a Unit

    It might speed things up if you (a) confirm that you've now shared all language you believe is relevant and (b) told us what the actual issue is.

  10. #10
    Join Date
    Jan 2009
    Location
    CT
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    Default Re: Is Garage a Limited Common Area or Part of a Unit

    The question: Is the garage is part of the Unit or a Limited Common Area?

    My apologies, I'm still hacking through the pile of paper and trying to understand what I'm reading. Here's more from another section of the declaration:

    Allocation of Limited Common Elements. The Limited Common Elements allocated to each Unit in the Common Interest Community are set forth on Exhibit “D” attached to and made a part of this Declaration, and are shown on the Survey and Plans.

    Exhibit "D" is a table that lists each unit number, the unit's percentage ownership, number of association votes assigned to each unit and each unit's limited common elements. The limited common elements specified in this table are sidewalk, patio, driveway and front step & stoop (same for every unit).

    Garages are conspicuous by their absence from this list.

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