Let’s talk about our 12 acres

There seems to be confusion in the community regarding the difference between Common Elements and Limited Common Elements.

A question about carports at Incline Pines

We’ve received some clarity from a legal opinion by LKG, the HOA’s law firm, issued last February. Although the opinion came in response to a specific proposal at the time to allow construction of garages or carports at our parking spaces, it helps provide a broader understanding of what is– and what is not– a Limited Common Element.

Previous governing documents identified parking spaces assigned to individual units as a Limited Common Element (or Area) for the exclusive use of one or more but fewer than all of the units. LKG is of the opinion this provision is contrary to Nevada law and the final Incline Pines subdivision map filed in 1972.

Because our parking spaces are not identified on the 1972 map as being anything other than Common Elements– and because the spaces are not permanently assigned and assignments change from time to time, LKG maintains they are not a Limited Common Element.

The carport/garage conversation was essentially shut down.

HOA law firm defines Common Elements

The Common Elements (or Areas) include virtually the entire 12-acre property outside the walls of the 40 individual units and ownership is shared by all.

LKG’s proposed 2021 revision of the CC&Rs clarifies the definition of Common Elements:

Common Elements include, but are not limited to, the land on which the Units are located, the roads, trees, shrubbery and other plantings, walkways, driveways, streets, roadways, bear boxes, exterior landscaping on the Common Element grounds (excluding limited common ground), parking spaces or pads, and other land included in the description of the Incline Pines Complex on the subdivision map.

Further clarification of Limited Common Elements in new governing document

The 2015 CC&Rs under which we currently operate identifies front and rear-facing decks and pads as Limited Common Elements (or Areas), but places the responsibility for maintenance of the supporting beams on the HOA. This language has understandably created some uncertainty among owners.

The proposed 2021 CC&Rs, still under discussion, places the cost of repairing and maintaining the entire cantilevered deck and supports on the individual owner, which should clear up any ambiguity about who’s going to pay to fix them.

Additionally, the board seeks community input to better define other Limited Common Elements immediately outside individual units.

One suggestion would be to formalize the traditional practice of allowing owners the freedom to improve the area directly below their rear-facing deck with hot tubs, patio furniture, etc. 

Another suggestion is to grant every owner the option to add safe and convenient outdoor access with a walkway or steps between their upper and lower levels– which was a serious oversight when the community was first built.