Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common, in equal shares, one for each separate interest.
Article 1Ownership Rights and Interests
Section § 4500
In a condominium or planned development where the common area is shared, each owner of a separate interest also owns an equal portion of the common area. This is called being tenants in common, unless a different arrangement is specified in the declaration.
condominium project planned development common area separate interests tenants in common equal shares ownership declaration property rights real estate shared ownership common property co-ownership ownership structure
Section § 4505
This law states that if you own a separate unit in a community or condominium, you automatically have certain rights to use the common areas to enter, exit, or support your property, unless specifically stated otherwise in the property's declaration. In a stock cooperative or planned developments where the association owns the common areas, each unit also has these rights, officially called easements.
Unless the declaration otherwise provides:
(a)CA Civil Law Code § 4505(a) In a community apartment project and condominium project, and in those planned developments with common area owned in common by the owners of the separate interests, there are appurtenant to each separate interest nonexclusive rights of ingress, egress, and support, if necessary, through the common area. The common area is subject to these rights.
(b)CA Civil Law Code § 4505(b) In a stock cooperative, and in a planned development with common area owned by the association, there is an easement for ingress, egress, and support, if necessary, appurtenant to each separate interest. The common area is subject to these easements.
community apartment condominium project planned development common area separate interest nonexclusive rights stock cooperative ingress egress property support easement property declaration association ownership
Section § 4510
This law states that, normally, a homeowners' association can't stop a member or resident from accessing their own property. They can't block entry through shared areas or directly to a person's property, unless there's a specific legal order or arbitration decision saying otherwise.
Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny a member or occupant physical access to the member’s or occupant’s separate interest, either by restricting access through the common area to the separate interest, or by restricting access solely to the separate interest.
homeowners' association physical access common area separate interest arbitration decision court order resident access property rights restricting access member rights occupant access association rules legal order binding decision access denial
Section § 4515
This law ensures that people living in common interest developments, like condos or housing communities, have the right to gather peacefully and communicate freely. It states that the rules of the community cannot stop individuals from meeting to discuss community living, elections, or public matters, and they can invite public figures to speak. Residents are allowed to use common areas for such gatherings and can distribute information or use social media to discuss relevant topics without prior permission. They can't be charged fees to use these spaces, and if their rights are blocked by the association, they can take legal action. Also, associations can't retaliate against anyone for using these rights.
(a)CA Civil Law Code § 4515(a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes.
(b)CA Civil Law Code § 4515(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:
(1)CA Civil Law Code § 4515(b)(1) Peacefully assembling or meeting with members, residents, and their invitees or guests during reasonable hours
and in a reasonable manner for purposes relating to common interest
development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes.
(2)CA Civil Law Code § 4515(b)(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members, residents, and their invitees or guests and speak on matters of public interest.
(3)CA Civil Law Code § 4515(b)(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.
(4)CA Civil Law Code § 4515(b)(4) Canvassing and petitioning the members, the association board, and residents for the
activities described in paragraphs (1) and (2) at reasonable hours and in a reasonable manner.
(5)CA Civil Law Code § 4515(b)(5) Distributing or circulating, without prior permission, information about common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.
(6)Copy CA Civil Law Code § 4515(b)(6)
(A)Copy CA Civil Law Code § 4515(b)(6)(A) Using social media or other online resources to discuss
any of the following, even if the content is critical of the association or its governance:
(i)CA Civil Law Code § 4515(b)(6)(A)(i) Development living.
(ii)CA Civil Law Code § 4515(b)(6)(A)(ii) Association elections.
(iii)CA Civil Law Code § 4515(b)(6)(A)(iii) Legislation.
(iv)CA Civil Law Code § 4515(b)(6)(A)(iv) Election to public office.
(v)CA Civil Law Code § 4515(b)(6)(A)(v) The initiative, referendum, or recall processes.
(vi)CA Civil Law Code § 4515(b)(6)(A)(vi) Any other issues of concern to members and residents.
(B)CA Civil Law Code § 4515(b)(6)(A)(B) This paragraph does not require an association to provide social media or other online resources to members.
(C)CA Civil Law Code § 4515(b)(6)(A)(C) This paragraph does not require an association to allow members to post content on the association’s internet website.
(c)CA Civil Law Code § 4515(c) A member or resident of a common interest development shall not be required to pay a fee, make a deposit, obtain liability
insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area for the activities described in paragraphs (1), (2), and (3) of subdivision (b).
(d)CA Civil Law Code § 4515(d) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil or small claims court action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation.
(e)CA Civil Law Code § 4515(e) An association shall not retaliate against a member or a resident for exercising any of the rights contained in this
section.
common interest developments peaceful assembly free communication homeowner associations public officials association elections community meetings social media use common area usage retaliation prohibition civil penalties legal action public interest discussions petitioning governing documents
