Exclusive Use Common Area

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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:

§4775 - Division of Maintenance Responsibilities

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

§4605 - Violation of Transfer Provisions

  1. A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues.

§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:

§4145 - Exclusive Use Common Area

  1. "Exclusive use common area" means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.

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).


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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