Maintenance - Property Use And Maintenance - Civil Law - CA

Section § 6716

This law explains who is responsible for repairs and maintenance in a common interest development, like a condo complex. Generally, the association handles shared spaces, while individual owners take care of their own units and any exclusive-use areas connected to them. Also, if repairs mean you have to temporarily move out, you have to cover those costs yourself.

(a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other than 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.

(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.

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Section § 6718

In a condominium or stock cooperative, the association is generally responsible for fixing and maintaining the common areas if there are wood-destroying pests. In a planned development, each homeowner is typically responsible for their own property's upkeep regarding such pests. However, with most members' approval, the association can take on this responsibility and charge homeowners a special fee to cover the costs.

(a) In a condominium project or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms.

(b) In a planned development, unless a different maintenance scheme is provided in the declaration, each owner of a separate interest is responsible for the repair and maintenance of that separate interest as may be occasioned by the presence of wood-destroying pests or organisms. Upon approval of the majority of all members of the association, pursuant to Section 6522, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment.

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Section § 6720

This law allows a homeowners' association to temporarily remove people from homes in a community to treat for wood-destroying pests. Before doing this, the association must notify occupants and owners at least 15 days but no more than 30 days in advance. The notice should explain why and when they need to leave and come back, and that occupants must arrange their own temporary housing. The notice is considered delivered if it's given in person or via specific delivery methods. 'Occupant' includes anyone living in or using the property, such as owners, tenants, or guests.

(a) The association may cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms.

(b) The association shall give notice of the need to temporarily vacate a separate interest to the occupants and to the owners, not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation.

(1) Personal delivery of a copy of the notice to the occupants, and, if an occupant is not the owner, individual delivery pursuant to Section 6514 of a copy of the notice to the owner.

(2) Individual delivery pursuant to Section 6514 to the occupant at the address of the separate interest, and, if the occupant is not the owner, individual delivery pursuant to Section 6514 of a copy of the notice to the owner.

(d) For purposes of this section, “occupant” means an owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of the separate interest.

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Section § 6722

Members of a community association have the right to access common areas if they need to work on their telephone wiring, both inside and outside, especially when it's part of areas they mostly use themselves. The association must allow this access, but they can approve the plans and set reasonable conditions as long as they aren't being unfair.

Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and external telephone wiring made part of the exclusive use common area of the member’s separate interest pursuant to subdivision (c) of Section 6550. The access shall be subject to the consent of the association, whose approval shall not be unreasonably withheld, and which may include the association’s approval of telephone wiring upon the exterior of the common area, and other conditions as the association determines reasonable.

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