Distinguishing condominium common elements from unit-specific disclosures
Clarify the legal division between unit ownership and common elements to accurately complete your Illinois residential real estate disclosure paperwork.
The short answer
Under the Illinois Condominium Property Act, common elements are distinct from your specific unit. Your disclosure obligations under state law focus on the unit you own, while the Board of Managers maintains and is legally responsible for the common elements. You cannot separate your unit ownership from your share of common element ownership.
Defining Unit Boundaries
In a condo, your unit typically includes finished surfaces like paint and flooring. Everything else, especially structural portions, is classified as a common element. It is crucial to identify where your maintenance responsibility ends and the Association's responsibility begins. This prevents confusion when filling out property disclosure forms.
The Role of the Association
The Board of Managers represents owners regarding common elements. They maintain property insurance, manage reserves for capital expenditures, and handle major repairs. Because the Association holds the knowledge and control over these structural parts, they—not the individual seller—are the point of contact for common area defects.
Limited Common Elements
Some areas, such as a private balcony, may be 'limited common elements.' These are reserved for your exclusive use but remain technically common property. When completing disclosures, ask if a defect involves a limited common element, as these often require coordination with the board even if you are the sole user.
Budgetary and Lien Implications
Unit owners must pay common expenses based on their ownership percentage. Unpaid expenses become a lien on your unit. When selling, you must provide documentation regarding your standing with the association. This is distinct from the physical condition disclosure, but equally vital for closing the sale.
Worksheet: Identifying Maintenance Areas
Create a chart: [Item] | [Owner/Association] | [Known Defects]. Fill this out: (1) Unit flooring: Owner. (2) Exterior Siding: Association. (3) Balcony (Limited Common): Consult Board. (4) Shared hallway carpet: Association. (5) In-unit plumbing: Owner. Use this to clarify what you must disclose personally.
Checklist
- Confirm the legal definition of your unit boundaries.
- Identify all limited common elements assigned to your unit.
- Request the most recent budget from the association.
- Check for any outstanding liens or unpaid common expenses.
- Consult board minutes for any known structural common area defects.
Common questions
Do I disclose defects in the building’s roof?
The roof is typically a common element managed by the Association. You are only required to disclose defects in your unit that you have actual knowledge of.
What is a limited common element?
These are parts of the property reserved for your exclusive use, such as a designated parking spot or balcony, but are still legally considered common elements.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked 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.