Beaumont Tashjian Law Blog

Monday, May 23, 2016

Be Prepared: New Law Shifts Repair & Replacement Burden, Unless Otherwise Provided by the CC&Rs

Section 4775 of the Civil Code currently holds associations responsible for maintaining, repairing, and replacing common areas while owners are responsible for maintaining their units and any attached exclusive use common areas, unless the community's governing documents state otherwise. However, the current law fails to delineate whether associations or owners are responsible for the repairs and replacements of exclusive use common areas if the community's governing documents do not clearly establish same. In trying to clarify the current code's language, the legislature recently passed Assembly Bill No. 968 to amend Section 4775.

Effective January 1, 2017, associations will be responsible for maintaining, repairing, and replacing the common areas and repairing and replacing the exclusive use common areas while the owners of each unit are responsible for maintaining, repairing, and replacing their units and merely maintaining the exclusive use common areas, unless the community's CC&Rs provide otherwise.

This new bill may affect your community's obligations pertaining to exclusive use common areas. Reviewing your community's governing documents is strongly recommended to ensure that the new Civil Code language does not change how your association assigns maintenance duties. As many community's governing documents do not clearly establish responsibilities for the repair and replacement of exclusive use common areas, associations may now be responsible for them.

Beaumont Gitlin Tashjian can help update and modify your Association's CC&Rs to ensure your current or desired practices are clearly outlined therein. Please feel free to contact us to discuss any questions or comments regarding our services and to otherwise schedule a consultation. Remember, we can modify any of our services to meet your unique legal and financial needs.


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