Common Elements

About the Common Elements

• Common elements belong to the Association as a whole, that is, they belong to all of us

• Common elements are managed and maintained by the Association

• In Common Interest Communities such as ours, there are two kinds of Common Elements: General Common Elements and Limited Common Elements. Our covenants are unfortunately vague about the distinction, but the CCIOA is not.

• Article 33.3, Title 38, C.R.S., the CCIOA, contains a provision defining Limited Common Elements: "Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit."

• Thus, your patio, porch (and deck for the units which have one), are limited common elements, owned and maintained by the Association but reserved for your exclusive use

• Everything else, including the rock area outside your unit, and including "your yard", and the trees and bushes in it are General Common Elements, i.e. they are the property of and responsibility of us all, our Association.