Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law sets 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 declaration, the association is generally responsible for maintaining, repairing, and replacing the common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest.

This bill would add Civil Code Section 5551 to require the association of a condominium project to cause a reasonably competent and diligent visual inspection of the load-bearing components and associated waterproofing systems at least once every nine (9) years to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with specified standards. The bill would require the inspector to submit a report to the board of the association providing specified information, including the current physical condition and remaining useful life of the load-bearing components and associated waterproofing systems.

The bill would add Civil Code Section 4770 to require the developer of a condominium project to submit a complete set of architectural and structural plans and specifications to an association for any buildings containing exterior elevated elements.

Existing law provides that an association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with its members in specified matters, including enforcement of the governing documents.

The bill would add Civil Code Section 5986 to require the board to make the determination of whether and when an association may commence legal proceedings against a declarant, developer, or builder of a common interest development, except as specified. The bill would, with certain exceptions, prohibit an association’s governing documents from limiting a board’s authority to commence legal proceedings against a declarant, developer, or builder of a common interest development. The bill would make these provisions applicable to governing documents and claims initiated before the effective date of this bill.

View more info on SB 326
from the California Legislature's website