Bill Text: CA AB968 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Common interest developments: common areas: maintenance and repairs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 405, Statutes of 2014. [AB968 Detail]

Download: California-2013-AB968-Amended.html

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BILL NUMBER: AB 968	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

   An act to amend  , repeal, and add  Section 4775 of the
Civil Code, relating to common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 968, as amended, Gordon. Common interest developments: common
areas: maintenance and repairs.
   The Davis-Stirling Common Interest Development Act governs the
management and operation of common interest developments. These
provisions require that a common interest development be managed by
an association and also set forth the duties and responsibilities of
the association and the owners of the separate interests with regard
to maintenance and repair of common and exclusive use areas, as
defined. Unless otherwise provided in the common interest development
declaration, the association is responsible for maintaining,
repairing, or replacing the common area, other than the exclusive use
common area, and the owner of each separate interest is responsible
for maintaining that separate interest and any exclusive use common
area appurtenant to the interest.
   This bill would,  beginning January 1, 2016,  instead
provide that, unless otherwise provided in the declaration, the
association is responsible for maintaining, repairing, and replacing
the common area, the owner of each separate interest is responsible
for maintaining, repairing, and replacing the separate interest, and
the owner of the separate interest is responsible for maintaining the
exclusive use common area appurtenant to the separate interest while
the association is responsible for repairing and replacing the
exclusive use common area.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4775 of the   Civil
Code   is amended to read: 
   4775.  (a) Unless otherwise provided in the declaration of a
common interest development, the association is responsible for
repairing, replacing, or maintaining the common area, other than
exclusive use common area, and the owner of each separate interest is
responsible for maintaining that separate interest and any exclusive
use common area appurtenant to the separate interest.
   (b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected. 
   (c) This section shall be repealed on January 1, 2016. 
   SEC. 2.    Section 4775 is added to the  
Civil Code   , to read:  
   4775.  (a) (1) Except as provided in paragraph (3), unless
otherwise provided in the declaration of a common interest
development, the association is responsible for repairing, replacing,
and maintaining the common area.
   (2) Unless otherwise provided in the declaration of a common
interest development, the owner of each separate interest is
responsible for repairing, replacing, and maintaining that separate
interest.
   (3) Unless otherwise provided in the declaration of a common
interest development, the owner of each separate interest is
responsible for maintaining the exclusive use common area appurtenant
to that separate interest and the association is responsible for
repairing and replacing the exclusive use common area.
   (4) The governing documents may define which items or actions
constitute maintenance and which constitute repair and replacement.
   (b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.
   (c) This section shall become operative on January 1, 2016. 

  SECTION 1.    Section 4775 of the Civil Code is
amended to read:
   4775.  (a) (1) Except as provided in paragraph (3), unless
otherwise provided in the declaration of a common interest
development, the association is responsible for repairing, replacing,
and maintaining the common area.
   (2) Unless otherwise provided in the declaration of a common
interest development, the owner of each separate interest is
responsible for repairing, replacing, and maintaining that separate
interest.
   (3) Unless otherwise provided in the declaration of a common
interest development, the owner of each separate interest is
responsible for maintaining the exclusive use common area appurtenant
to that separate interest and the association is responsible for
repairing and replacing the exclusive use common area.
   (4) For purposes of this section, the association may amend the
governing documents in accordance with these provisions to define
what items or actions constitute maintenance and which constitute
repair and replacement.
   (b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.