Do You Own The Floor
While this sounds like an obvious question, it comes up occasionally because there are multiple layers that make up a floor.
According to the Declaration Article IV Description of Units, you own from the outer edge of the concrete pad up. That means any underlayment and flooring and the glue affixing it to the concrete pad is owned by the homeowner.
So that’s pretty simple for 95% of the units in our condominium complex. But what makes the other 5% different?
Well the difference is that 6 units in our condominium have common element basements below them. Those basements are the common storage that has been provided for many years. In 2025 the BOD has started to remove the storage compartments in those basements in an effort to clean and maintain the basement itself. The Declaration is not very clear where the common element in these basements ends and where the unit’s floor begins.
This post will help to clarify that.
The floor of the unit above the basement is built upon floor joists that run from front to back of the building. On top of those floor joists is a layer of plank subfloor as shown in this image.
Because most architects would consider the subfloor planking as “structural” and because the Declaration also declares anything structural as being “common element” we can draw the conclusion that the floor joists and the subfloor planking resting on the joists are part of the common elements. Anything that is considered a common element is maintained and “owned” by the association.
On top of the subfloor planking the homeowner usually has a layer of sheet wood called an underlayment to smooth out the surface. And then there may be padding on top of the underlayment for carpet floors or just the flooring for sheet vinyl or laminates.
So the answer to the question “Do you own the floor?” is yes. And you own the underlayment if one exists on top of the concrete. You do not own the concrete pad nor do you own the subfloor planking that sits on top of the floor joists.
Damages
This ownership could come into question if there is some kind of damage in the homeowner’s unit that then also extends below the unit’s boundary established by the floor and possibly into the basement. Water from a leaking non-shared pipe or from the air conditioner condensation line can easily seep into the wooden structure below the floor of these units with a common element basement below. If the water leakage is NOT from a shared pipe, then it is the homeowner’s responsibility to cover the costs of repair, remediation, and restoration of the common element structures below the floor where the damage occurred.
The homeowner is responsible also for drying out the wooden support after a water leak has occurred from a non-shared water pipe. Without the proper drying out, mold, dry rot and deterioration of the wood can occur degrading the structural integrity of the floor.
The big note here is, if you own one of the units with a basement under neath it (meaning the basement is not considered part of your unit), then you need to be diligent if there is any water leak or any other instance of damage (such as fire) that may extend into the floor structure of that basement. Best to get the Board / management agent involved if anything happens that could lead to damage below so that the costs to repair are minimized.
The units that have common element basements below them include: 8321, 8341, 8378, 8379, 579, and 581.
