Common Areas

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2014 Legislation: AB 968 - Exclusive Use Common Area

ECHO is Sponsoring AB 968 on behalf of California HOAs. Unless your governing documents are very clear, the Davis-Stirling Act exposes associations and their members to expensive legal battles, major safety concerns, and confusion over the repair and replacement of exclusive use common area (EUCA). AB 968 improves the law, and benefits both individual owners and associations.

2013 Legislation: AB 637

This is an ECHO sponsored bill that establishes that the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest unless otherwise provided for in the governing documents.

From the California Legislative Counsel's digest:

§4790 - Access to Telephone Wiring

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. 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.

§4780 - Wood-Destroying Pests

  1. 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.

§4775 - Division of Maintenance Responsibilities

[NOTE: The changes to Civil Code Section 4775 are effective January 1, 2017.]

§4630 - Condominium Project

In a condominium project the common area is not subject to partition, except as provided in Section 4610. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner's entire estate also includes the owner's membership interest in the association.

§4600 - Granting of Exclusive Use of Common Area

  1. Unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the common interest development shall be required before the board may grant exclusive use of any portion of the common area to a member.
  2. Subdivision (a) does not apply to the following actions:

§4510 - Denial of Physical Access

Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny a member or occupant physical access to the member's or occupant's separate interest, either by restricting access through the common area to the separate interest, or by restricting access solely to the separate interest.

§4505 - Easements

Unless the declaration otherwise provides:

§4500 - Ownership of Common Area

Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common, in equal shares, one for each separate interest.

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