(a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms.
(b) In a planned development, unless a different maintenance scheme is provided in the declaration, each owner of a separate interest is responsible for the repair and maintenance of that separate interest as may be occasioned by the presence of wood-destroying pests or organisms. Upon approval of the majority of all members of the association, pursuant to Section 4065, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment.
- AB 2362 (Chu). Common interest developments: Pesticide application.
- Civil Code Section 4785. Removal of Occupants for Pest Treatment.
- Civil Code Section 4775. Association and Owner Maintenance Responsibilities.
- Civil Code Section 4095. “Common Area” Defined.
- Civil Code Section 4065. Approval by Majority of Members Defined.
Related Case Law
- Lamden v. La Jolla Shores Clubdominium Homeowners Association
(1999) 21 Cal.4th 249
[Rule of Judicial Deference; Maintenance] Courts will defer to decisions made by a HOA Board of Directors regarding ordinary maintenance of a common interest development.