2013 Legislation: AB 637

Bill Author: 
Torres
Subject: 
Maintenance Responsibilities
Sponsor: 
ECHO

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:

Existing law, the Davis-Stirling Common Interest Development Act, provides that, unless otherwise provided in the declaration of a common interest development, the association of the common interest development is responsible for repairing, replacing, or maintaining the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest.

This bill would instead provide that, unless otherwise provided in the declaration, the association is responsible for maintaining, repairing, and replacing the common area, the owner of each separate interest is responsible for maintaining, repairing, and replacing the separate interest, and the owner of the separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest while the association is responsible for repairing and replacing this area.

ECHO Position: 
This bill, sponsored by ECHO, was intended to clarify the maintenance responsibilities for exclusive use common area. ECHO was working extensively with several other parties, and decided make AB 637 a two-year bill to provide enough time to perfect the bill language. As it stands, with the bill's existing author pursuing a move into the Senate, ECHO's language has been amended out and a new author has taken primary ownership of the bill. We will seek to reintroduce our language into a new bill during 2014.