Amended in Senate June 23, 2014

Amended in Senate May 27, 2014

Amended in Assembly May 2, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 968

Introduced by Assembly Member Gordon

February 22, 2013

An act to amendbegin insert, repeal, and addend insert Section 4775 of the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL’S DIGEST

AB 968, as amended, Gordon. Common interest developments: common areas: maintenance and repairs.

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. These provisions require that a common interest development be managed by an association and also set forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined. Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, or replacing 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 interest.

This bill would,begin insert beginning January 1, 2016,end insert 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 the exclusive use common area.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4775 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

4775.  

(a) Unless otherwise provided in the declaration of a
4common interest development, the association is responsible for
5repairing, replacing, or maintaining the common area, other than
6exclusive use common area, and the owner of each separate interest
7is responsible for maintaining that separate interest and any
8exclusive use common area appurtenant to the separate interest.

9(b) The costs of temporary relocation during the repair and
10maintenance of the areas within the responsibility of the association
11shall be borne by the owner of the separate interest affected.

begin insert

12(c) This section shall be repealed on January 1, 2016.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4775 is added to the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert

begin insert
14

begin insert4775.end insert  

(a) (1) Except as provided in paragraph (3), unless
15otherwise provided in the declaration of a common interest
16development, the association is responsible for repairing,
17replacing, and maintaining the common area.

18(2) Unless otherwise provided in the declaration of a common
19interest development, the owner of each separate interest is
20responsible for repairing, replacing, and maintaining that separate
21interest.

22(3) Unless otherwise provided in the declaration of a common
23interest development, the owner of each separate interest is
24responsible for maintaining the exclusive use common area
P3    1appurtenant to that separate interest and the association is
2responsible for repairing and replacing the exclusive use common
3area.

4(4) The governing documents may define which items or actions
5constitute maintenance and which constitute repair and
6replacement.

7(b) The costs of temporary relocation during the repair and
8maintenance of the areas within the responsibility of the
9association shall be borne by the owner of the separate interest
10affected.

11(c) This section shall become operative on January 1, 2016.

end insert
begin delete
12

SECTION 1.  

Section 4775 of the Civil Code is amended to
13read:

14

4775.  

(a) (1) Except as provided in paragraph (3), unless
15otherwise provided in the declaration of a common interest
16development, the association is responsible for repairing, replacing,
17and maintaining the common area.

18(2) Unless otherwise provided in the declaration of a common
19interest development, the owner of each separate interest is
20responsible for repairing, replacing, and maintaining that separate
21interest.

22(3) Unless otherwise provided in the declaration of a common
23interest development, the owner of each separate interest is
24responsible for maintaining the exclusive use common area
25appurtenant to that separate interest and the association is
26responsible for repairing and replacing the exclusive use common
27area.

28(4) For purposes of this section, the association may amend the
29governing documents in accordance with these provisions to define
30what items or actions constitute maintenance and which constitute
31repair and replacement.

32(b) The costs of temporary relocation during the repair and
33maintenance of the areas within the responsibility of the association
34shall be borne by the owner of the separate interest affected.

  

end delete

O

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