---
title: "Organize a maintenance history against the common-area repair duty"
url: "https://ailawframework.com/practice/strata-and-community-titles/assess-an-owner-s-damages-claim-for-failure-to-maintain-common-property/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A47-D20261018-4-US"
practice_area: "Strata & Community Titles"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Organize a maintenance history against the common-area repair duty

> 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.

Canonical page: https://ailawframework.com/practice/strata-and-community-titles/assess-an-owner-s-damages-claim-for-failure-to-maintain-common-property/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Strata & Community Titles](https://ailawframework.com/practice/strata-and-community-titles.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | United States |
| Applies to | [Assess an owner’s damages claim for failure to maintain common property](https://ailawframework.com/practice/strata-and-community-titles/assess-an-owner-s-damages-claim-for-failure-to-maintain-common-property.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The declaration can place the duty elsewhere. Read it before the table is used.
- Subsection (b) is where any time for starting a utility repair is stated. Do not invent a day count.

## Sources

- [California Civil Code § 4775 (maintenance of common area and separate interest)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=4775) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*