Exclusive Use Common Area

EXCLUSIVE USE COMMON AREA

Defined. Exclusive use common areas are generally defined as common areas set aside for the exclusive use of one or more, but fewer than all, owners. Specific definitions are normally found in the following documents:

1. CC&Rs. Newer CC&Rs often define areas for owners' exclusive use such as balconies, patios, parking spaces, plumbing, etc. Older CC&Rs are often deficient in defining exclusive use common areas.

2. Condominium Plan. The association's condominium plan frequently defines those areas set aside for an owner's exclusive use.

3. Davis-Stirling Act. The Davis-Stirling Act contains a default definition of exclusive use common areas if none is found in the CC&Rs or condominium plan. (See Moorpark HOA v. VRT Corp, which states that CC&Rs are deemed to incorporate pertinent statutory law.) Civil Code §1351(i) defines the following as exclusive use common areas:

shutters, awnings, window boxes

doorsteps, stoops, porches

balconies and patios

exterior doors, doorframes, and hardware

screens and windows

fixtures designed to serve a single interest but existing outside the boundaries of the separate interest [such as electrical wiring, plumbing, heating, ventilation, air conditioning serving a single unit]

Maintenance. Unfortunately, most CC&Rs fail to properly address the maintenance responsibilities when it comes to owner improvements and exclusive use common areas, which frequently leads to litigation or threats of litigation. Most associations address these deficiencies when they amend or restate their governing documents. If your association is interested in amending its documents, contact us for more information.

Updated by ADAMS KESSLER 8/9/2008