Section § 6840

Explanation

This law is designed to protect individual property owners in a common interest development, like a condo complex, from being sued for issues related to the shared areas. If the homeowners' association has proper insurance, any lawsuit related to shared areas must be aimed at the association, not the individuals. For this protection to apply, the association must have a general liability policy covering at least $2 million for developments with up to 100 units, or $3 million for those with over 100 units.

(a)CA Civil Law Code § 6840(a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common area owned in tenancy in common if the association carries a certain level of prescribed insurance that covers a cause of action in tort.
(b)CA Civil Law Code § 6840(b) Any cause of action in tort against any owner of a separate interest arising solely by reason of an ownership interest as a tenant in common in the common area of a common interest development shall be brought only against the association and not against the individual owners of the separate interests, if both of the insurance requirements in paragraphs (1) and (2) are met:
(1)CA Civil Law Code § 6840(b)(1) The association maintained and has in effect for this cause of action, one or more policies of insurance that include coverage for general liability of the association.
(2)CA Civil Law Code § 6840(b)(2) The coverage described in paragraph (1) is in the following minimum amounts:
(A)CA Civil Law Code § 6840(b)(2)(A) At least two million dollars ($2,000,000) if the common interest development consists of 100 or fewer separate interests.
(B)CA Civil Law Code § 6840(b)(2)(B) At least three million dollars ($3,000,000) if the common interest development consists of more than 100 separate interests.