California Homeowners Association

MAINTENANCE AND REPAIRS OF CONDOMINIUMS

While the association is primarily responsible for the maintenance of the buildings and structures comprising the association, there are some exceptions you should be aware of and new law to be understood. It is in our nature to pass on maintenance and repairs to the association whenever possible

However, AB 968, Gordon. Common interest developments: common areas: maintenance and repairs contains some important information.

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. These provisions require that a common interest development be managed by an association and also set forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined. Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, or replacing the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the interest.

This bill would, beginning January 1, 2017, instead provide that, unless otherwise provided in the declaration, the association is responsible for maintaining, repairing, and replacing the common area, the owner of each separate interest is responsible for maintaining, repairing, and replacing the separate interest, and the owner of the separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest while the association is responsible for repairing and replacing the exclusive use common area.

EXCLUSIVE USE COMMON AREA

4775. (a) Unless otherwise provided in the declaration of a common

interest development, the association is responsible for repairing,

replacing, or maintaining the common area, other than exclusive use

common area, and the owner of each separate interest is responsible

for maintaining that separate interest and any exclusive use common

area appurtenant to the separate interest.

(b) The costs of temporary relocation during the repair and

maintenance of the areas within the responsibility of the association

shall be borne by the owner of the separate interest affected.

4145. (a) "Exclusive use common area" means a portion of the common

area designated by the declaration for the exclusive use of one or

more, but fewer than all, of the owners of the separate interests and

which is or will be appurtenant to the separate interest or

interests.

(b) Unless the declaration otherwise provides, any shutters,

awnings, window boxes, doorsteps, stoops, porches, balconies, patios,

exterior doors, doorframes, and hardware incident thereto, screens

and windows or other fixtures designed to serve a single separate

interest, but located outside the boundaries of the separate

interest, are exclusive use common area allocated exclusively to that

separate interest.

(c) Notwithstanding the provisions of the declaration, internal

and external telephone wiring designed to serve a single separate

interest, but located outside the boundaries of the separate

interest, is exclusive use common area allocated exclusively to that

separate interest.