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.


Archived Posts

2023
2022
2021
2020
December
November
October
September
August
July
May
April
March
February
January
2019
2018
2017
2016
December
November
October
August
July
June
May
April
March
February
January



© 2024 Beaumont Tashjian | Disclaimer
5008 Chesebro Rd., Suite 200, Agoura Hills, CA 91301
| Phone: (866) 788-9998
23046 Avenida de la Carlota, Suite 580, Laguna Hills, CA 92653
| Phone: (866) 788-9998
402 N. Broadway, Suite 400, San Diego, CA 92101
| Phone: (866) 788-9998
1241 Johnson Avenue, Suite 341, San Luis Obispo, CA 93041
| Phone: (866) 788-9998
74-710 Highway 111, Suite 102, Palm Desert, CA 92260
| Phone: (866) 788-9998
6203 San Ignacio Ave, Suite 110, San Jose, CA 95119
| Phone: (866) 788-9998

General Legal Counsel | Litigation | Dispute Resolution | Governing Documents | Assessment Collection Services | | About Us | BT ACTS

-
-


LOS ANGELES | ORANGE COUNTY | CENTRAL COAST | KERN COUNTY | INLAND EMPIRE
© Beaumont Tashjian | Disclaimer | Law Firm Website Design by Zola Creative