MAINTENANCE RESPONSIBILITIES
IN CONDOMINIUMS & TOWNHOUSES

Maintenance Responsibilities. Unless the CC&Rs provide otherwise, the association is responsible for repairing, replacing, or maintaining the common areas, and owners are responsible for maintaining their separate interests and any exclusive use common areas appurtenant to their separate interests. Civil Code §1364(a)

Common Area is defined as the entire common interest development except for the separate interests in the development. Civil Code §1351(b)

Separate Interest. The "separate interest" or the "unit" is the air space bounded by the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, doors. Civil Code §1351(l) In interpreting deeds, the existing physical boundaries of a unit are conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan. Civil Code §1371

Everything inside that air space including light fixtures, light switches and outlets, carpet, hardwood floors, paint and wallpaper, toilets, tubs, showers, sinks, appliances, cabinets and countertops, etc. are improvements to the unit which are owned by the owner of the unit. Owner are responsible for insuring, repairing, and replacing the improvements to their units, unless the CC&Rs state otherwise.

Exclusive Use Common Area means a portion of the common areas set aside for the exclusive use of one or more, but fewer than all, owners.

POTENTIAL LIABILITY. 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 or restating its documents, contact us for more information.

Updated by ADAMS KESSLER 6/22/2008