Condominium Bylaws And Declarations In California
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FAQ
Generally, a condo owner in California is responsible for the interior of their unit. The Condo Association (or HOA), is responsible for shared areas and the structure of the building.
Common areas generally pertain to the properties and amenities of an HOA that all homeowners can use. These include hallways, elevators, sidewalks, pools, parks, and fitness centers. The HOA is typically responsible for maintaining and repairing these shared areas.
If the pipes are only inside individual units or houses, they're the unit owners' to handle. However, when the plumbing serves multiple units and extends into common walls, shared spaces, or underground, it usually becomes the HOA's responsibility.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
The CC&Rs simply state that any of the homeowners subject to the CC&Rs can sue another homeowner for not following the rules. And they are perpetually enforceable unless the government overrides them (for instance, California made it illegal to prevent short-term rentals, so that rule can no longer be enforced).
Leaks in your unit are your responsibility, so you will need to call a plumber for repair. If the leak appears to be from a common area water line, call the Association's property manager. Provide as many details as possible about the nature and location of the leak.
Additionally, condo owners often don't own the land their unit is built on—they lease it from the condo association—which can lead to different restrictions regarding renovations or modifications.
A Civil Investigative Demand (CID) is an administrative subpoena that allows federal government agencies to request extraordinary amounts of information from private entities without going through any formal court procedures.
A common interest development (CID), sometimes called common interest communities (CIC), is the umbrella term used in California for commercial and residential developments with common areas.
“Common interest subdivision” includes subdivided lands which include a separate interest in real property combined with an interest in common with other owners.
