Exclusive Use Common Area (Maintained by Homeowner)
Regardless of what is stated in an HOA’s CC&Rs, “internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, is exclusive use common area allocated exclusively to that separate interest.” (Civ. Code § 4145(c).) As exclusive use common area, the maintenance and repair of telephone wiring serving a homeowner’s unit is the responsibility of the homeowner, not the association. (Civ. Code §4775(a).)
Access Rights for Maintenance
Regardless of what is stated in a HOA’s CC&Rs, a homeowner is granted access rights over the common area as needed to maintain the telephone wiring serving the homeowner’s unit:
“Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and external telephone wiring made part of the exclusive use common area of the member’s separate interest pursuant to subdivision (c) of Section 4145.” (Civ. Code § 4790.)
Association Approval for Access
When the homeowner needs to access common area in order to maintain the telephone wiring serving his unit, the homeowner may be required to first obtain the HOA’s approval prior to accessing the common area:
“…The access shall be subject to the consent of the association, whose approval shall not be unreasonably withheld, and which may include the association’s approval of telephone wiring upon the exterior of the common area, and other conditions as the association determines reasonable.” (Civ. Code § 4790.)
