## Facts

- A condominium building sustained weather-related damage to balconies and exterior closet doors.
- The condominium association imposed two special assessments: \$1,000 per voting unit for initial balcony repairs and \$1,200 per voting unit for additional balcony repairs and exterior closet doors (total \$2,500 per voting unit).
- A unit owner with ground-floor units lacking balconies refused to pay the balcony-related portions of the assessments.
- The dispute turned on whether balconies were part of each “unit” or were “limited common elements” (and thus “common elements”) under the Florida Condominium Act and the condominium documents.
- The association treated the repair costs as common expenses incurred for condominium property and assessed all owners on a pro rata basis.

## Issues

1. Whether the association could specially assess all unit owners, including owners of units without balconies, for repair of balconies and exterior closet doors when those components were treated as limited common elements and the expenses as common expenses under Chapter 718 and the condominium documents.

## Decision

- The appellate court reversed the trial court’s judgments to the extent they denied the association’s claims to collect the disputed special assessments.
- The court held the association was authorized under Chapter 718 and the condominium documents to levy the special assessments for these repairs against all unit owners, including owners of units without balconies.

## Legal Principles

- “Common elements” are portions of condominium property not included in the units; “limited common elements” are common elements reserved for the use of specified units.
- “Common expenses” include expenses properly incurred by the association for the condominium and may be allocated according to the declaration’s allocation method (commonly pro rata by voting unit or ownership interest).
- Maintenance of common elements is the association’s responsibility, though a declaration may assign maintenance of limited common elements to those entitled to use them.
- When repair costs are properly treated as common expenses for common elements (including limited common elements), all unit owners may be assessed according to the governing allocation formula even if a particular unit does not directly benefit from the limited common element.

## Conclusion

The appellate court held that repair costs for balconies and exterior closet doors could be treated as common expenses relating to limited common elements and therefore could be collected through special assessments imposed on all unit owners on the basis set by the condominium’s governing documents, including owners of units without balconies.


Cedar Cove Efficiency Condominium Ass'n, Inc. v. Cedar Cove Props., Inc., 558 So. 2d 475 (Fla. Dist. Ct. App. 1st Dist. 1990)