Relocation Costs Borne by Homeowner
The scope of items which an association is responsible to maintain and repair can be significant. This is especially true in condominium projects; the structural elements of the residential buildings housing the condominium units are often classified as common area that is maintained and repaired by the association. (See “Common Area Maintenance” and “Airspace Condominium Units.”) Undertaking such maintenance and repairs may require owners and occupants within the association’s development to temporarily vacate their units and, as a result, incur hotel expenses and other relocation costs while the repairs are being performed. In these instances, Civil Code Section 4775 states that relocation costs are to be borne by the owners:
“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.” (Civ. Code § 4775(b).)
When an association’s maintenance or repair efforts include the treatment of “wood-destroying pests or organisms” (i.e., termites), the occupants which are required to vacate their units during the treatment period are responsible to bear their respective relocation costs, and the association is additionally required to provide advance notice to the owners and the occupants of that fact. (Civ. Code § 4785(b); See also “Termites & Wood-Destroying Pests.”)
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.