Kitchen / Living Room Separating Wall IS Load Bearing and Common Element

Many Council Members want to improve the interior of their units and modernize as much as possible. In doing so, one of the first objectives is to open up the space on the first floor by modifying the kitchen / living room wall in some way. Modification of that kitchen / living room wall cannot be done by the home owner without first getting approval from the Board. Why? Because it is a load bearing wall and is NOT considered part of the unit, it is part of the Common Elements. 

Your governing documents specify this. The Declaration Article IV describes (declares) what is considered part of the unit. In that article it specifically states that “non-load” bearing walls are part of the unit.

The unit includes the doors and windows (to the outside surfaces thereof) and all fixtures and improvements lying wholly within the boundaries of the unit. Any chute, flue, duct, wire, pipe, conduit, fixture insulation or other item of any nature whatsoever which serves only one unit is a part of that unit.
The unit also includes all heating and air conditioning machinery and equipment, front porch and patio light fixtures, electric meters, chimneys and vents serving the unit, whether located within or without the boundaries of the unit. Non-load-bearing walls, partitions and columns located within the boundaries of a unit are part of the unit.

Then in Article V Section (b) it describes what is considered Common Elements: The common elements include all of the Condominium, except the units. 

Section (b) goes onto state that structural elements are part of the Common Elements. And load bearing walls are considered structural elements. 

b. General Common Elements. The general common elements of the Condominium shall consist of all the common elements not described above as a part of the limited common elements, including, but not limited to, land, drives, roadways, curbs, sidewalks, parking areaS, lawn areas, tot lots, recreational facilities (if any}, trees, shrubbery {except to the extent that such greenery is located with the foundation planting area appurtenant to such unit), utility rooms, conduits, sewer and water mains, water meters, line outlets, hook-ups, and other appurtenances, storm water drains and other lines, oil tanks, exterior flood lighting, gutters and downspouts, foundations, columns, girders, beams, trusses, supporters, and all structural elements of the buildings,including walls and slabs (except to the extent that such items, locations or devices are part of the unit as hereinabove set forth), trash containers area, and all other locations and devices rationally of common use and necessary to the upkeep, use and safety of the buildings and the common elements.

So the declaration makes it clear in 2 places that load bearing walls ARE PART OF THE COMMON ELEMENTS and CANNOT BE MODIFIED BY THE HOMEOWNER.

On July 25, 2026 the Board hired Naylor Engineering to assess one of the unit’s kitchen / living room wall to determine if it is considered a load bearing wall or not. His report is included below and determined without a doubt that the kitchen / living room wall is load bearing. 

👉 👉 Please do not modify this wall, folks!

If it is not done correctly it could damage the structural integrity of your unit and the surrounding units, ultimately the whole building. Any future requests for modification of this wall must include engineering drawings and code compliance specifications ensuring the load is properly carried across the wall. The Board also may not approve the modification without extenuating justification for doing so. Widening the doorway to allow a handicapped chair to pass through would be a probable justification. 

If you already had your wall modified, you must provide the engineering reports or code inspection reports indicating its current configuration meets the load bearing requirements. If you do not have this documentation you will need to hire Mr Naylor or some other qualified engineer to determine and document that the wall as it is currently configured can carry the load.