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CIVIL CODE
OWNERSHIP RIGHTS
SECTION 1358
1358. (a) In a community apartment project, any conveyance,
judicial sale, or other voluntary or involuntary transfer
of the separate interest includes the undivided interest in
the community apartment project. Any conveyance, judicial
sale, or other voluntary or involuntary transfer of the owner's
entire estate also includes the owner's membership interest
in the association.
(b) In a condominium project the common areas are not subject
to
partition, except as provided in Section 1359. Any conveyance,
judicial sale, or other voluntary or involuntary transfer
of the
separate interest includes the undivided interest in the common
areas. Any conveyance, judicial sale, or other voluntary or
involuntary transfer of the owner's entire estate also includes
the
owner's membership interest in the association.
(c) In a planned development, any conveyance, judicial sale,
or
other voluntary or involuntary transfer of the separate interest
includes the undivided interest in the common areas, if any
exist.
Any conveyance, judicial sale, or other voluntary or involuntary
transfer of the owner's entire estate also includes the owner's
membership interest in the association.
(d) In a stock cooperative, any conveyance, judicial sale,
or
other voluntary or involuntary transfer of the separate interest
includes the ownership interest in the corporation, however
evidenced. Any conveyance, judicial sale, or other voluntary
or
involuntary transfer of the owner's entire estate also includes
the
owner's membership interest in the association.
Nothing in this section prohibits the transfer of exclusive
use
areas, independent of any other interest in a common interest
subdivision, if authorization to separately transfer exclusive
use
areas is expressly stated in the declaration and the transfer
occurs
in accordance with the terms of the declaration.
Any restrictions upon the severability of the component interests
in real property which are contained in the declaration shall
not be
deemed conditions repugnant to the interest created within
the
meaning of Section 711 of the Civil Code. However, these
restrictions shall not extend beyond the period in which the
right to
partition a project is suspended under Section 1359.
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