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Who owns a limited common element?

Limited common elements are owned by the association as part of the common elements, but the right to use them is appurtenant to (attached to) a specific unit. The unit owner has the exclusive right to use the LCE, but does not hold fee title to it. This means the owner cannot sell the LCE separately from the unit and typically cannot transfer it to another unit without amending the declaration.

Who is responsible for maintaining a limited common element?

The declaration governs maintenance responsibility. Many declarations assign maintenance responsibility to the unit owner who has exclusive use of the LCE (e.g., the owner must maintain their own balcony). Others assign maintenance responsibility to the association. Structural repairs to an LCE (e.g., the structural support for a balcony) are often the association's responsibility even if routine maintenance is the owner's. Read the declaration carefully.

Can an HOA or condo board reassign my parking space?

Generally no — not without amending the declaration and obtaining owner consent. If a parking space is designated as a limited common element in the declaration and plat, the association cannot simply reassign it to another owner. Reassignment of an LCE requires amendment of the declaration, which typically requires approval of the affected unit owner and the owners of the condominium as a whole.

Can I lease my assigned parking space to another owner?

Whether an owner can lease their limited common element parking space depends on the governing documents. Many declarations prohibit or restrict the leasing of LCEs independently from the unit. Some allow leasing to other owners within the community. Review the declaration and rules for the specific restrictions applicable to your community.

What is 'destination of the owner' in Louisiana condo law?

The concept of 'destination de père de famille' (destination of the owner) under Louisiana Civil Code Art. 741 is analogous to implied easements by prior use. In the condominium context, prior use and configuration of common elements and LCEs at the time of condominium creation can inform the interpretation of ambiguous descriptions in the declaration and plat. It is a tool for resolving disputes about the intended configuration of common and limited common elements.

What should I do if my limited common element is damaged?

Review the declaration to determine who is responsible for maintenance and repair. Document the damage with photographs. Report it to the association in writing. If the association is responsible and fails to act, consult an attorney. If you are responsible and failed to maintain an LCE, causing damage to another owner or common elements, you may have liability under the declaration.

Condo Law Guide

What Are Limited Common Elements?

Parking Spaces · Balconies · Storage · Who Owns Them · Who Maintains Them

Limited common elements (LCEs) are portions of a condominium's common elements designated for the exclusive use of one or more — but fewer than all — unit owners. Examples: assigned parking spaces, balconies, patios, storage rooms, and dedicated entryways. The unit owner has exclusive use rights but not fee title. The declaration governs maintenance responsibility and whether LCEs can be leased or reassigned. The association cannot unilaterally reassign an LCE without amending the declaration.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Condominium Law — Limited Common Elements · Last Updated: September 21, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Common Examples of Limited Common Elements

Assigned parking spaces

Balconies and terraces

Private patios

Storage rooms and cages

HVAC equipment (unit-specific)

Dedicated entryways

Utility closets (unit-specific)

Boat slips (marina condos)

LCE Dispute? Speak With a Condo Attorney.

Jonathan M. Rhodes represents unit owners and associations in limited common element disputes throughout Louisiana. Free consultation.

Schedule a Consultation (504) 475-0975

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Limited Common Elements in Louisiana — FAQ

Condo Dispute? We Can Help.

Free consultation for condo owners and associations in Louisiana limited common element disputes.

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