BILL NUMBER: AB 637	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Torres and Levine

                        FEBRUARY 20, 2013

   An act to amend Section 4775 of the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4775 of the Civil Code is amended to read:
   4775.  (a)  (1)    Unless otherwise provided in
the declaration of a common interest development, the association is
responsible for  maintaining,  repairing, 
replacing, or maintaining   and replacing  the
common area  , other than exclusive use common area, and the
  . 
    (2)     Unless otherwise provided in the
declaration, the  owner of each separate interest is responsible
for maintaining  , repairing, and replacing  that separate
interest  and any exclusive use common area appurtenant to
the separate interest  . 
   (3) Unless otherwise provided in the declaration, the owner of
each separate interest is responsible for maintaining the exclusive
use common area appurtenant to the separate interest and the
association is responsible for repairing and replacing this exclusive
use common area. 
   (b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.