Ina townhouse with fee simple ownership, are the individual roofs considered common property?

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Ina townhouse with fee simple ownership, are the individual roofs considered common property?

I live in a townhouse with fee simple owership. Our association consists is of 4 owners. There are 2 townhouses joined together on the street side and 2 joined together on a water canal. When I bought my place 14 years ago my documents did not state that the roofs of the units were common property but through the years and various new owners 3 of the unit owners think that the roof areas are common property. I disagree. In the past the unit owners have always paid for their respective roof repairs and inspections. Now there is 1 owner that insists that all the roofs are common property.

Asked on November 20, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read your written deed to the townhouse that you are writing about to answer your question. In some circumstances ownership of townhouses can be owned as tenancies in common with other people (TIC). You need to read your deed to see if you own the property all yourself or not (as a tenant in common).

Your neighbor may be confused about the roof being common property as opposed to being a common maintenance issue for the association to fix. I suggest reading the presumed recorded covenants, conditions & restrictions on your home to answer this question about common area maintenance.


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