Category Archives: Maintenance

Utility Service Interruptions

Association Responsibility to Repair
Civil Code section 4775 generally makes an association responsible for any repairs or replacements necessary to restore interrupted gas, heat, water or electrical services that begin in the common area regardless of whether the matter extends into an owner’s property (i.e., into an owner’s lot or unit) or any exclusive use common area appurtenant to the owner’s property. (Civ. Code § 4775(a)(2)(A).)

Exceptions
The association is not responsible for repairs or replacements in either of the following situations:

14 Day Timeline for Commencing Repairs
The association’s board of directors is required to “commence the process to make the repairs” within fourteen (14) days of the interruption of the utility service. (Civ. Code § 4775(b)(1).)

Inability to Meet Quorum for a Board Meeting within 14 Days
If the board is unable to meet quorum to hold a board meeting necessary to comply with the 14 day commencement of repair timeline, then at the next board meeting following the 14th day, the requirements of quorum are reduced so that the total number of directors at that meeting constitute quorum.  This reduction in quorum applies only for the vote to commence the repair process, and the notice of the board meeting must contain a provision indicating the use of a reduced quorum. (Civ. Code § 4775(b)(3).)

Board Vote Through Electronic Means
If the directors are required to vote to initiate repairs, such voting may be performed by electronic means, including but not limited to, email. All records of the vote are deemed “association records” and subject to inspection procedures under Civil Code section 5210. (Civ. Code § 4775(b)(4).)

Funding Repairs Through a Loan
If an association does not have sufficient funds to make the repairs necessary to restore the interrupted utility service, the association may obtain a loan to pay for the costs of the repairs or replacements. (Civ. Code § 4775(b)(2).)

Approval & Assessment Authority
No membership approval is required for the association to take out a loan to fund the repairs/replacements. The association may also levy an emergency assessment as needed to allow for the repayment of the loan. (Civ. Code § 4775(b)(2).)

Resolution Requirement
Prior to taking out the loan, the board must pass a resolution containing written findings regarding the nature of the association’s expenses and how the association’s reserves do not cover the necessary costs.  The resolution must be distributed to the members together with the notice of any emergency assessment, and together with notices that are otherwise required by law or the governing documents pertaining to the board’s action (if any). (Civ. Code § 4775(b)(2).)

Related Links

Understanding SB 900: HOA Repair of Utility Service Interruptions
– Published on HOA Lawyer Blog (May 2025)

Irrigation of Nonfunctional Turf with Reclaimed Water

The California Legislature has declared that “the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water, conservation, and reduced reliance on the Sacramento-San Juaquin Delta Ecosystem.” (AB 1572, Friedman: Potable water: nonfunctional turf (2023).)

This public policy declaration prompted amendments to the California Water Code designed to restrict the use of potable water for irrigation by various entities, including homeowners’ associations (HOAs).

“The use of potable water for the irrigation of nonfunctional turf located…on all common areas of properties of homeowners’ associations, common interest developments and community service organizations or similar entities” is prohibited as of January 1, 2029. (Wat. Code § 10608.14(a)(4); Emphasis added.)

“Nonfunctional Turf” Defined
Nonfunctional turf in an HOA means any of the following (Wat. Code § 10608.12(u),(m).):

  • Turf that is located within street right of way or parking lot;
  • Turf that is not located within a “recreation use area”;
  • Turf that is not located within a “community space”; or
  • Turf that is enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly.

“Recreation use area” means an area designated by the HOA to “accommodate foot traffic for recreation, including but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.” (Wat. Code § 10608.12(aa).)

“Community space” means an area designated by the HOA to “accommodate foot traffic for civic, ceremonial, or other community events or social gatherings.” (Wat. Code § 10608.12(j).)

Exceptions Permitting Potable Water
Using potable water to irrigate nonfunctional turf is not prohibited in any of the following situations:

Exception: Tree/Plant Health – The use of potable water to irrigate nonfunctional turf is not prohibited “to the extent necessary to ensure the health of trees and other perennial nonturf plantings.” (Wat. Code § 10608.14(b).)

Exception: Imminent Health & Safety – The use of potable water to irrigate nonfunctional turf is not prohibited “to the extent necessary to address an immediate health and safety need.” (Wat. Code § 10608.14(b).)

Certification of Compliance by HOAs
An HOA, common interest development or community service organization that has more than 5,000 square feet of irrigated common area must certify to the California State Water Resources Control Board, commencing June 30, 2031, and every three (3) years thereafter through the year 2040, that their property is in compliance with the foregoing requirements. (Wat. Code § 10608.14(e)(2).)

Liability for Noncompliance
An HOA that does violates these requirements is subject to liability as set forth in Water Code Section 1846 (which includes daily fines, among other forms of liability), as well as civil liability and penalties imposed by an urban retain water supplier pursuant to a local ordinance. (Wat. Code § 10608.14(f).)

Related Links

Governor Lifts 25% Mandatory Water Reduction & Directs Local Water Suppliers to Regulate Water Conservation – Published on HOA Lawyer Blog (May 19, 2016)

AB 786 Signed! Clarifying when HOAs May Fine Homeowners for Brown Lawns – Published on HOA Lawyer Blog (October 28, 2015).

Pesticide Application

Fulfilling an association’s maintenance responsibilities may result in the need to apply pesticides to common areas and in some instances to an owner’s separate interest.  When pesticides are applied, residents of the association must be provided with notice concerning the time of application and the pesticides to be applied, among other items of information. The laws governing what must be provided differ depending upon whether the pesticides are to be applied by a licensed pest control operator, or instead by someone who is not licensed by the State of California to apply pesticides (i.e., the association’s general landscaper).

Use of a Licensed Pest Control Operator
When an association retains a “pest control operator” that is licensed by the State of California, the pest control operator has to provide several items of information to the association so that the association may pass that information on to its residents. The information required to be provided by the operator to the association, and then passed on to the association’s residents, generally includes:

  • The date(s) of the schedule application of pesticides to the property;
  • The identity of the pesticide by brand or common chemical name; and
  • The precautions printed on the pesticide label or included in laws or regulations to protect persons doing the application.

For more information, see California Code of Regulations Section 6618(b).

Use of an Unlicensed Pest Control Operator – New Civil Code Section 4777
Legislation was enacted in September 2016 to impose requirements on associations that use persons to apply pesticides who are not licensed pest control operators. As a result of that legislation, new Civil Code Section 4777 will be added to the Davis-Stirling Act effective January 1, 2017.

Section 4777 generally requires an association to provide notice to its members and residents of the association’s development when pesticides are to be applied to an owner’s separate interest, or to common area, by an unlicensed pest control operator.  The notice must generally include information regarding:

  • The name of the pest(s) to be controlled;
  • The name and brand of the pesticide product to be used; and
  • The approximate date, time and frequency with which the pesticide will be applied, in addition to specified language in the Code disclaiming that pesticides are toxic chemicals.

This notice must be provided at least forty-eight (48) hours prior to the pesticide application by posting notice in a conspicuous location within the common area in which the pesticide is to be applied. If a posted notice is not practicable, notice must be provided by individual delivery.  For more information, see Civil Code Section 4777.

Related Links

HOA Compliance with California Pesticide Regulations – Published on HOA Lawyer Blog (January 27, 2014)

Maintenance Requirements for HOA Pools

The requirements for operating and maintaining “public pools” have been subject to various regulatory changes in recent years. Those changes have impacted pools within private homeowners associations (HOAs), as the California Legislature and Department of Health have defined the term “public pools” to include pools located within private HOAs and residential developments. (Health & Safety Code §§ 116049.1(a), 116064.2(a)(4)(B); 22 CCR § 65503(a)(9).) The more notable changes include those which mandate (1) new parameters for water characteristics, (2) strict monitoring of pool facilities and requirements for written records, (3) enforcement of specific safety and first aid equipment, (4) requirements that newly constructed public pool enclosures have at least one keyless exit and self closing latches, and (5) the imposition of health restrictions for employees or pool users. Some of these changes are discussed below.

Daily Testing
The most significant change is that which requires HOAs with twenty-five (25) or more separate interests to test pool and spa water chemical composition and temperature on a daily basis, and to keep a daily log of the testing. (22 CCR § 65523(a).) Daily testing may be performed “using a properly calibrated automatic chemical monitoring and control system” if allowed by local enforcing authorities. (22 CCR § 65523(a).) For HOAs with fewer than 25 separate interests, testing must be performed and documented “at least two times per week and at intervals no greater than four days apart.” (Health & Safety Code § 116048(a).)

Safety Equipment
Other notable changes deal with the installation/maintenance of safety and first aid equipment. For example, that equipment must include a 12’ minimum length rescue pole and a 17” minimum (exterior diameter) life ring with an attached throw rope having a minimum of 3/16” diameter. (22 CCR § 65540(a).)

Health Restrictions
Previous regulations prohibited persons with diarrhea from using the pool. Now, pool access must be denied to any person, including pool monitors, that have symptoms “such as a cough, cold sore, or nasal or ear discharge or when wearing bandages.” (22 CCR § 65541(b).)

Pool Enclosures; Gates & Doors
Finally, there are specific requirements in Section 3119B of the California Building Code for at least one gate/door into the pool enclosure to allow for egress, without a key, for emergency purposes. If all gates/doors allow for keyless exit, no special signage is necessary, otherwise the keyless exit(s) must have signage stating “EMERGENCY EXIT” in at least 4” high lettering.

Watering During Droughts

California’s recurrent drought problems have prompted governmental action designed to promote water conservation measures within residential homeowners associations. For example, legislation in recent years has served to provide homeowners with rights to install low water-using plants, artificial turf and clotheslines regardless of whether an association’s governing documents (i.e., its CC&Rs or architectural standards) contain provisions prohibiting the use of such items. (See also Civ. Code §§ 4735, 4750.10.)

Legislation has also been enacted to limit an association’s ability to fine homeowners for failing to water their lawns or vegetation during government-declared drought periods:

“…an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred: (1) The Governor has declared a state of emergency due to drought… (2) A local government has declared a local emergency due to drought…” (Civ. Code § 4735(c).)

*Exception: Owner Properties that Receive Recycled Water
An association is still permitted to impose a fine or assessment against an owner for failing to water his lawn or vegetation during a government-declared drought period provided that the owner, prior to being fined or assessed, “receives recycled water…and fails to use that recycled water for landscaping irrigation.” (Civ. Code § 4735(d).)

Related Links

Governor Lifts 25% Mandatory Water Reduction & Directs Local Water Suppliers to Regulate Water Conservation – Published on HOA Lawyer Blog (May 19, 2016)

AB 786 Signed! Clarifying when HOAs May Fine Homeowners for Brown Lawns – Published on HOA Lawyer Blog (October 28, 2015).

Pressure Washing

Modern sets of governing documents sometimes contain provisions that require owners to pressure wash the exterior of their properties and exclusive use common areas (i.e., patios or decks). Those provisions are rendered void and unenforceable during a “state or local government declared drought emergency.” (Civ. Code § 4736(a).)

“Pressure Washing” Defined
For the purposes of Section 4736, “pressure washing” means “the use of a high-pressure sprayer or hose and potable water to remove loose paint, mold, grime, dust, mud and dirt from surfaces and objects, including buildings, vehicles and concrete surfaces.” (Civ. Code § 4736(b).)

Termites & Wood-Destroying Pests

An association is generally responsible for maintaining and repairing the common areas within the association’s development, and the owners are responsible for maintaining and repairing their respective separate interests (their lots or units). (Civ. Code § 4775(a); See also “Maintenance Responsibilities (Generally).”) When maintenance or repair is occasioned by the presence of “wood-destroying pests or organisms” (i.e., termites), Civil Code Section 4780 generally controls whether the association or the owners are responsible for such maintenance or repairs. The allocation of responsibility under Section 4780 is dependent upon the form of the association’s development (the CID), as well as any applicable provisions that may be contained in the association’s declaration (CC&Rs).

  • Community Apartment Project – in a community apartment project, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms, unless otherwise provided in the CC&Rs. (Civ. Code § 4780(a).)
  • Condominium Project – in a condominium project, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms, unless otherwise provided in the CC&Rs. (Civ. Code § 4780(a).)
  • Stock Cooperative – in a stock cooperative, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms, unless otherwise provided in the CC&Rs. (Civ. Code § 4780(a).)
  • Planned Development – in a planned development (or “PUD”), unless a different maintenance scheme is provided in the CC&Rs, 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. (Civ. Code § 4780(b).)

Delegation of Maintenance Responsibility to Association in Planned Development
Unless otherwise provided in the CC&Rs, the owners within planned developments are responsible for the repair and maintenance of their respective separate interests as may be occasioned by the presence of wood-destroying pests or organisms. (Civ. Code § 4780(b).) However, Section 4780 provides the possibility for the owners (the association’s members) to delegate that responsibility to the association:

“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.” (Civ. Code § 4780(b).)

Method of Treatment Employed by Association
The method in which the association treats wood-destroying pests or organisms (i.e., tenting, spot treatment, etc.), as well as the materials used in the treatment, are within the discretion of the board and is entitled to judicial deference. (See Lamden v. La Jolla Shores Clubdominium HOA (199) 21 Cal.4th 249, 270 (“Neither the Declaration nor Civil Code Section [4780] reasonably can be construed to mandate any particular mode of termite treatment.”).)

Removal of Occupants for Pest Treatment
There may be instances where the treatment of wood-destroying pests or organisms will require owners and occupants within the association’s development to vacate their respective units. In those instances, Civil Code Section 4785 grants the association the authority to “cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms.” (Civ. Code § 4785(a).)

Accommodations & Relocation Costs During Treatment Period – Occupants and/or owners which are required to vacate the association’s development are responsible for their own accommodations. (Civ. Code § 4785(b).) This is consistent with Civil Code Section 4775(b) which states that “[t]he 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); See also “Relocation Costs.”)

Notice Requirements – When occupants and/or owners will be required to vacate their respective units, the association is required to give notice of the need to vacate to the occupants and the owners, not less than fifteen (15) days nor more than thirty (30) days prior to the date of the temporary relocation. (Civ. Code § 4785(b).) The notice must state (i) the reasons for the relocation, (ii) the date and time of the beginning of the treatment, (iii) the anticipated date and time of termination of treatment, and (iv) that the occupants will be responsible for their own accommodations during the temporary relocation. (Civ. Code § 4785(b).)

Delivery of Notice – Notice of the need to vacate is deemed complete upon either:

“Occupant” Defined – For the purposes of Section 4785, “occupant” means “an owner, resident, guest, invitee, tenant, lessee, sublessee or other person in possession of the separate interests.” (Civ. Code § 4785(d).)

Exclusive Use Common Area Maintenance

Exclusive use common area is a portion of common area designated by the CC&Rs for the exclusive use of one or more, but fewer than all, of the owners within the association’s development. (Civ. Code § 4145(a).) Civil Code Section 4145(b) lists the following components as exclusive use common area, subject to any contrary provisions in an association’s CC&Rs:

“…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.” (Civ. Code § 4145(b).)

Modifying Provisions Contained in CC&Rs
The classification of the above components as exclusive use common area assumes that there are no contrary provisions in an association’s CC&Rs. If such contrary provisions exist, the CC&R provisions control. (Civ. Code § 4145(b).) Modern CC&Rs and condominium plans for condominium projects often contain provisions which clearly define what areas/components are exclusive use common area, as well as the owners maintenance obligations for those areas.

Maintained by Owner
The provisions of an association’s CC&Rs typically outline the scope of an owner’s maintenance responsibilities for the exclusive use common area appurtenant to his/her unit. In the event that such provisions are absent or ambiguous, Civil Code Section 4775 makes the owner responsible for maintaining the exclusive use common area.

“(a) Unless otherwise provided in the declaration of a common interest development…the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest.” (Civ. Code § 4775(a).)

“Designed to Serve a Single Separate Interest”
Civil Code Section 4145 states in pertinent part that “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.” (Civ. Code § 4145(b). (Italics added).) However, in the event that a particular fixture/component is not explicitly defined as exclusive use common area within the CC&Rs or condominium plan, the association may not solely rely on whether it believes that fixture/component “is designed to serve a single separate interest” when making the determination that the fixture/component is in fact exclusive use common area to be maintained by the owner. (See Dover Village Association v. Jennison (2010) 191 Cal.App.4th 123.)

Legislation Affecting Repair & Replacement of Exclusive Use Common Area
The maintenance responsibilities under Civil Code Section 4775 are somewhat ambiguous with regard to exclusive use common area; Section 4775 fails to state whether an owner is additionally responsible for the “repair and replacement” of exclusive use common area, not simply “maintenance.” HOA industry practice has held that it is the responsibility of the association to repair or replace exclusive use common area. Legislation that was signed into law on September 18, 2014 will resolve the ambiguity by codifying industry practice. Effective January 1, 2017, that legislation, AB 968 (Gordon), will amend 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.

Exclusive Use Common Area Damage Caused by a Member
Where damage to exclusive use common area is caused by the acts of the owner, the owner’s guest or tenant, any repair expenses incurred by the association may be recoverable through levying a reimbursement assessment against the owner. (See “Reimbursement & Compliance Assessments.”)

Common Area Maintenance

Everything that is located within an association’s development except for the “separate interests” (the units or lots owned by the association’s individual members) constitutes common area. (Civ. Code § 4095(a).) One of the primary responsibilities of an association is to maintain, repair and replace the common area. Those responsibilities are typically outlined within the provisions of an association’s declaration (CC&Rs). In the event that such provisions are absent or ambiguous, Civil Code Section 4775 establishes an association’s default common area maintenance responsibilities:

 “(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.” (Civ. Code § 4775(a).)

Board Duty to Inspect Common Area
Upholding an association’s common area maintenance responsibilities places a duty on the board of directors to inspect the common areas at least once every three (3) years and to prepare a reserve study. (Civ. Code § 5550; See also “Reserve Study.”) The reserve study is used to determine the amount of reserve funds that should be set aside for the maintenance and repair of major components which the association is obligated to maintain, and which have a remaining useful life of less than thirty (30) years. (Civ. Code § 5550; See also “Reserve Study.”)

Methods of Maintenance & Judicial Deference
In the case of Lamden v. La Jolla Shores Clubdominium HOA (1999) 21 Cal.4th 249, the California Supreme Court adopted a rule known as the “Rule of Judicial Deference.” The Rule of Judicial Deference generally requires courts to defer to maintenance decisions made by HOA boards even if a reasonable person would have acted differently in the same situation:

“Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, exercises discretion within the scope of its authority under relevant statutes, covenants and restrictions to select among means for discharging an obligation to maintain and repair a development’s common areas, courts should defer to the board’s authority and presumed expertise. Thus, we adopt today for California courts a rule of judicial deference to community association board decisionmaking that applies, regardless of an association’s corporate status, when owners in common interest developments seek to litigate ordinary maintenance decisions entrusted to the discretion of their associations’ boards of directors.” (Lamden, at 253.)

The justification for such deference is premised upon “the relative competence, over that of courts, possessed by owners and directors of common interest developments to make the detailed and peculiar economic decisions necessary in the maintenance of those developments.” (Lamden, at 270-271.) The Rule of Judicial Deference is intended to “minimiz[e] the likelihood of unproductive litigation” over the discretionary maintenance decisions made by the board, and to help “foster stability, certainty and predictability in the governance and management of common interest developments.” (Lamden, at 271.)

Deference May Not Extend to a Failure to Investigate & Address Maintenance Problems
While the board is granted deference by the courts in determining how the common areas are to be maintained, an association may be held liable for its failure to investigate maintenance problems and to take reasonable action:

“The judicial deference doctrine does not shield an association from liability for ignoring problems; instead it protects the Association’s good faith decisions to maintain and repair common areas….the essence of an association’s duty to maintain and repair is a duty to act based on reasoned decision making.” (Affan v. Portofino Cove HOA (2010) 189 Cal.App.4th 930, 942 (Italics original).)

Deference May Not Extend to Board’s Interpretation of Association Maintenance Responsibilities
Judicial deference may not extend to the ways in which the board interprets the scope of the association’s maintenance responsibilities under its CC&Rs. In Dover Village Association v. Jennison (2010) 191 Cal.App.4th 123, the association argued that the determination made by its board as to whether a portion of sewer line was exclusive use common area to be maintained by the unit owner (and thus, not common area to be maintained by the association) was a decision committed to the board’s discretion and thus entitled to judicial deference. The court disagreed with the association, noting that “[t]here is an obvious difference between a legal issue over who precisely has the responsibility for a sewer line and how a board should go about making a repair that is clearly within its responsibility. But we know of no provision in the Davis-Stirling Act or the CC&Rs that makes the Association or its board the ultimate judge of legal issues affecting the development.” (Dover, at 130.)

Common Area Damaged Caused by a Member
Where damage to common area is caused by the acts of a member, the member’s guest or tenant, any repair expenses incurred by the association may be recoverable through levying a reimbursement assessment against the member. (See “Reimbursement & Compliance Assessments.”)

Standard of Maintenance Controlled by CC&Rs
The standard of maintenance may be controlled by language within an association’s CC&Rs (e.g., the common areas must be maintained in “a first class condition”). An association’s failure to perform maintenance in accordance with those standards may constitute a breach of contract by the association. (See Sands v. Walnut Gardens Condominium Ass’n Inc. (2019) 35 Cal.App.5th 174.)

Related Links

Limitation on HOA Tort Liability for Maintenance Failures
– Published on HOA Lawyer Blog (January 2020)

Maintenance Responsibilities (Generally)

As discussed below, the maintenance responsibilities of an association as compared to those of its individual members (the owners of property within the association) depend primarily on whether the item or component to be maintained is classified as common area, exclusive use common area, or is included within a member’s “separate interest” (the real property owned exclusively by the member).

Common Area Maintenance
One of the primary responsibilities of an association is to maintain, repair and replace the common area improvements located throughout the association’s development. Those responsibilities are typically outlined within the provisions of an association’s declaration (CC&Rs). In the event that such provisions are absent or ambiguous, Civil Code Section 4775 establishes an association’s default maintenance, repair, and replacement responsibilities:

“…unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.” (Civ. Code § 4775(a)(1).)

Upholding an association’s common area maintenance, repair, and replacement responsibilities places duties on the association’s board of directors to:

  • Inspect the common areas at least once every three (3) years and to prepare a reserve study in order to determine the amount of reserve funds that should be set aside for the maintenance and repair of major components which the association is obligated to maintain and which have a remaining useful life of less than thirty (30) years. (Civ. Code § 5550; See also “Reserve Study.”)
  • Investigate maintenance problems and take action to address them. While the board is granted deference by the courts in determining how the common areas are to be maintained, an association may be held liable for its failure to investigate maintenance problems and to take reasonable action:

“The judicial deference doctrine does not shield an association from liability for ignoring problems; instead it protects the Association’s good faith decisions to maintain and repair common areas….the essence of an association’s duty to maintain and repair is a duty to act based on reasoned decision making.” (Affan v. Portofino Cove HOA (2010) 189 Cal.App.4th 930,942.)

Common Area Damaged Caused by a Member
Where damage to common area is caused by the acts of a member, the member’s guest or tenant, any repair expenses incurred by the association may be recoverable through levying a reimbursement assessment against the member. (See “Reimbursement & Compliance Assessments.”)

**For more information, see “Common Area Maintenance.”

Exclusive Use Common Area Maintenance
A subset of common area is “exclusive use common area” (aka “restricted common area”). Exclusive use common area is a portion of common area designated by the CC&Rs for the exclusive use of one or more, but fewer than all, of the owners within the development. (Civ. Code § 4145(a).) Exclusive use common areas are found primarily within condominium projects (i.e., patios, balconies, porches, window boxes, etc.). The maintenance, repair, and replacement responsibilities for exclusive use common areas are typically controlled by the provisions of an association’s CC&Rs and/or condominium plan. Where those provisions are absent or ambiguous, the provisions of Civil Code Section 4775 generally allocate the maintenance responsibilities for exclusive use common areas to the individual unit owners, while the association is responsible for repairing or replacing the exclusive use common area.

**For more information, see “Exclusive Use Common Area Maintenance.”

Separate Interest Maintenance
The real property within an association’s development that is owned exclusively by a member is referred to as the member’s “separate interest.” The types of separate interests within a particular development are based upon the form of the development itself. For example, in a Planned Unit Development (or “PUD”), a member’s separate interest includes an individually owned lot (or parcel), as well as the residential structures and other improvements located on the lot. (Civ. Code § 4185(a)(3).) In a condominium project, a member’s separate interest is a “unit” that consists of a block of airspace bounded by the interior, unfinished surfaces of the unit’s perimeter walls, floors and ceilings. (Civ. Code §§ 4185(a)(2), 4125; See also “Airspace Condominium Units.”) Whether any particular component or improvement is included within a member’s separate interest may also be controlled by the provisions of the association’s CC&Rs and/or condominium plan.

Unless otherwise provided in the CC&Rs, members bear the maintenance responsibilities for their respective separate interests. (Civ. Code § 4775(a)(2). )