AB 637, as introduced, Torres. Common interest developments.
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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4775 of the Civil Code is amended to
2read:
(a) begin insert(1)end insertbegin insert end insertUnless otherwise provided in the declaration of
4a common interest development, the association is responsible for
5begin insert maintaining,end insert repairing,begin delete replacing, or maintainingend deletebegin insert and replacingend insert
6
the common areabegin delete, other than exclusive use common area, and theend deletebegin insert.end insert
7begin insert(2)end insertbegin insert end insertbegin insertUnless otherwise provided in the declaration, the end insertowner of
8each separate interest is responsible for maintainingbegin insert, repairing,
9and replacingend insert that separate interestbegin delete and any exclusive use common .
10area appurtenant to the separate interestend delete
11(3) Unless otherwise provided in the declaration, the owner of
12each separate interest is responsible for maintaining the exclusive
13use common area appurtenant to the separate interest and the
14association is responsible for repairing and replacing this exclusive
15use common area.
16(b) The costs of temporary relocation during the repair and
17maintenance of the areas within the responsibility of the association
18shall be borne by the owner of the separate interest affected.
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