Clarifies repair and replacement responsibilities under Civil Code Section 4775 with regard to exclusive use common area.
Current Status: Chaptered
FindHOALaw Quick Summary:
Unless otherwise provided for in an association’s CC&Rs, Civil Code Section 4775 establishes the default apportionment of common area maintenance and repair responsibilities of an association versus those of the individual owners. Section 4775 is somewhat ambiguous with regard to exclusive use common area; Section 4775 fails to state whether an owner is responsible for the “repair and replacement” of exclusive use common area, not simply “maintenance.” Industry practice has held that the responsibility to repair or replace exclusive use common area is the association’s. AB 968 (Gordon) seeks to codify industry practice by amending Section 4775 to state that, unless otherwise provided for in the CC&Rs, the owner is required to maintain exclusive use common area, and the association is responsible to repair and replace exclusive use common area.
*UPDATE: AB 968 was signed into law on September 18, 2014. Its changes to the law will become effective on January 1, 2017.
from the California Legislature's website
Related Case Law
- Dover Village Association v. Jennison
(2010) 191 Cal.App.4th 123
[Maintenance; Board Deference] The deference afforded to HOA Boards for maintenance decisions does not extend to the Board’s interpretation as to the scope of the HOA’s maintenance responsibilities under its CC&Rs.