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.
Ownership and Transfer of InterestsOwnership Rights and Interests
Section § 6650
In a condominium or planned development where the common area is owned by the property owners, each owner has an equal share of ownership of the common areas unless stated otherwise.
condominium project planned development common area ownership
Section § 6652
This law clarifies the rights associated with common areas in different types of housing projects. In a condominium or certain planned developments, owners have the right to access and leave through common areas, as well as rights of support if needed. This is also true in stock cooperatives and planned developments where the association owns the common area. These rights or easements make sure that owners can use common areas for necessary purposes like getting in and out or structural support.
Unless the declaration otherwise provides:
(a)CA Civil Law Code § 6652(a) In a 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 § 6652(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.
condominium project planned developments common area rights
Section § 6654
This law means that unless a different law, a court order, or an arbitration decision says otherwise, an association can't block a member or tenant from getting to their own unit. The association can't limit access through shared spaces or directly to the unit itself.
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.
physical access association restrictions member's unit
