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17 Legal Rights of Homeowners Living in HOAs

Is there legal protection for homeowners? The answer is a resounding yes, and we can tell you why. Both board members and homeowners have a responsibility to know the rights of HOA membership, starting with the rules set forth by the Davis-Stirling Act.

§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.

§4610 - Partition of a Condominium Project

  1. Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof. Nothing in this section shall be deemed to prohibit partition of a cotenancy in a condominium.

§4295 - Amendment or Revocation

A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 4290.

§4220 - Unit Boundaries

In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan, if any exists, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building.

§4200 - Common Interest Developments

This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provided all of the following are recorded:

  1. A declaration.
  2. A condominium plan, if any exists.
  3. A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development.

§4125 - Condominium

  1. A "condominium project" means a real property development consisting of condominiums.

§4100 - Common Interest Development

"Common interest development" (CID) means any of the following:

  1. A community apartment project.
  2. A condominium project.
  3. A planned development.
  4. A stock cooperative.

HOA Maintenance Responsibility in Condominiums and Planned Unit Developments

If you find areas of your HOA's governing documents are unclear in assigning responsibility for certain building components, you are not alone.  Determining who pays for what maintenance or repair cost is one of the most confusing situations a homeowner association has to handle. In condominiums and planned unit developments, different area classifications and aged buildings (that require more than just reroofing and exterior paint) complicate matters even further. Where the lines are drawn between homeowner and HOA responsibility greatly depends on whether the development is a condominium or a planned unit development (PUD).

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