Organize a maintenance history against the common-area repair duty

Key facts

Human involvement

Red · Lawyer-led

How AI is used

Table each defect, whether the papers place it in the common area, a separate interest or exclusive-use common area, and the declaration clause the lawyer marks. Write no damages figure and no demand.

What the lawyer must review

California Civil Code § 4775: unless the declaration provides otherwise, the association repairs, replaces and maintains the common area, and the owner of each separate interest repairs, replaces and maintains that separate interest. Unless the declaration provides otherwise, the owner maintains the exclusive-use common area appurtenant to that separate interest, and the association repairs and replaces that exclusive-use common area. Unless the declaration provides otherwise, or unless the utility service that failed is required to be maintained, repaired or replaced by a utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water or electrical service that begins in the common area even if the matter extends into a separate interest or the exclusive-use common area. That paragraph does not change a utility company's or a local government's legal duty to repair or replace components pertaining to those services. You decide whether the declaration has reallocated the duty. You write any demand. Do not state a day count for starting repairs. Open subsection (b) before you do. This is California.

Written for / version

United States versionUS