HOA home owners association maintenance oblogationsA common interest development is responsible for repairing and replacing the exclusive use common areas while the owner is only responsible for its maintenance.

This law, beginning January 1, 2017, provides that the association is responsible for repairing and replacing the exclusive use common area while the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest unless otherwise provided in the declaration of a common interest development.

This law confirms that the association is responsible for maintaining, repairing, and replacing the common area, and that the owner of each separate interest is responsible for maintaining, repairing, and replacing the separate interest, unless stated otherwise in the declaration.

 Assembly Bill 968 codified as Civil Code §4775. Effective date is January 1, 2017.