Common Areas

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§4201 - Developments Without Common Area

Nothing in this act may be construed to apply to a real property development that does not contain common area. This section is declaratory of existing law.

§4095 - Common Area

  1. "Common area" means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing.
  2. Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 4175, the common area may consist of mutual or reciprocal easement rights appurtenant to the separate interests.

Smoking in HOAs: Conflict, Restrictions, & Liability

Many community associations face an increased number of complaints from non-smokers about their smoking neighbors and are being asked to take action. Some associations are responding to this increased regulation by adopting smoking restrictions, while others

How to Determine Maintenance Responsibility in HOAs

Figuring out who pays for what in a HOA (the association or the homeowners) can be nothing but a headache. The best way to avoid these problems is to make sure the governing documents have clear provisions, discuss insurance options for individuals and the community association, and to act fairly while using common sense. Learn how to understand the law, manage your insurance, and determine maintenance responsibilities as a part of a community association.

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