Distinguishing common elements from limited common elements
Clarify the differences between general common elements and limited common elements in Illinois condominiums to understand your exclusive use rights and fees.
The short answer
In Illinois, common elements are portions of the property excluded from individual units, while limited common elements are reserved for the exclusive use of specific units, such as a balcony or parking space. You must identify these classifications in the condominium declaration to know what you are responsible for maintaining and what you truly own versus control.
Defining General Common Elements
General common elements, like lobbies, hallways, and exterior grounds, are accessible to all unit owners. The cost to maintain these areas is shared proportionally based on your common element ownership percentage. You have no exclusive rights here, but you hold a financial stake in their upkeep through your association assessments.
Identifying Limited Common Elements
Limited common elements are those reserved for the exclusive use of one or more units. Examples include private balconies or specific patios. While these are not part of your 'unit' in fee simple terms, they are designated specifically for your use. Check the declaration to see if maintenance of these specific areas falls to the owner or the association.
Impact on Financial Obligations
Your proportionate share of common expenses is calculated based on your common element ownership percentage. This percentage is fixed in the declaration and cannot be altered easily. Ensure the calculation of your common element share reflects the current state of the property, as this dictates your monthly financial burden.
Worksheet: Categorizing Property Areas
Organize your space into three categories: 'Private Unit' (interior), 'Limited Common' (exclusive use, e.g., balcony), and 'General Common' (shared access). Document who is responsible for the maintenance of each category based on the declaration. This helps you avoid future disputes over whether you or the association should pay for repairs.
Checklist
- Review the declaration for the section defining limited common elements.
- Identify all items designated for your exclusive use.
- Verify maintenance responsibilities for your exclusive-use items.
- Calculate your common expense share percentage.
- Discuss any ambiguous designations with your association board.
Common questions
Are balconies considered common elements?
Typically, balconies are classified as limited common elements. This means they are reserved for your exclusive use, though they may remain the association's responsibility for structural repair.
Can the board reclassify a common element as limited?
Changes to the designation of property elements are formal amendments to the declaration and must follow the legal procedures and voting requirements set by the Illinois Condominium Property Act.
Sources
- CFPB — Closing Disclosure explainerChecked October 12, 2026
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- SQFT IO — Listing plans and termsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.