In a condominium project the common area is not subject to partition, except as provided in Section 6656. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association.
Article 3Transfer of Separate Interest
Section § 6662
In a condominium, the common areas can't be split up and sold separately, unless another specific law says otherwise. If you sell or transfer your condo, whether it's by choice or by court order, it automatically includes your share of the common areas. Also, if you sell or transfer your whole property interest, it includes your membership in the homeowners' association.
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Section § 6664
When you sell or transfer your property in a planned development, you also automatically transfer your share of the common areas and your membership in the homeowners' association along with it.
In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area, if any exists. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association.
planned development conveyance judicial sale voluntary transfer involuntary transfer separate interest undivided interest common area membership interest homeowners' association owner's estate property transfer association membership real estate property ownership
Section § 6666
In a stock cooperative, if you sell or transfer your individual interest, whether you choose to do so or are forced to, it automatically includes your ownership in the corporation. Similarly, if you transfer your whole estate, your membership interest in the association also goes with it.
In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in the corporation, however evidenced. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association.
stock cooperative conveyance judicial sale voluntary transfer involuntary transfer separate interest ownership interest corporation estate transfer membership interest association
Section § 6668
You can transfer the rights to use certain areas exclusively, even if you don't transfer any other ownership rights in a shared property development, as long as the main rules, known as the declaration, clearly allow it and you're following those rules.
Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to separately transfer exclusive use areas is expressly stated in the declaration and the transfer occurs in accordance with the terms of the declaration.
exclusive use areas transfer rights common interest subdivision declaration authorization property development rules separate transfer ownership rights property declaration independent transfer common interest properties
Section § 6670
This law says that any limits placed on splitting up or separating ownership interests in real estate (as stated in the property's declaration) aren't considered invalid conditions. However, these limits can't last longer than the time frame when the right to divide a property project is on hold under another specific section.
Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions repugnant to the interest created within the meaning of Section 711. However, these restrictions shall not extend beyond the period in which the right to partition a project is suspended under Section 6656.
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