Check an exclusive-use grant of common area before the board makes it
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the portion of common area, the percentage the governing documents state if they state one, and whether the draft is one of the actions in § 4600(b). Do not say the vote is enough.
- What the lawyer must review
- You decide whether the grant can be made. Civil Code § 4600(a) says that unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests is required before the board may grant exclusive use of any portion of the common area to a member. Subdivision (b) lists actions to which subdivision (a) does not apply, including a reconveyance to the subdivider to continue phased development in substantial conformance with a plan submitted to the Real Estate Commissioner, a grant in substantial conformance with such a plan or with governing documents the Commissioner approved, and the reasons in (b)(3), among them correcting an engineering or construction error, fulfilling a public-agency requirement, transferring the burden of a common area that is generally inaccessible and not of general use, accommodating a disability, assigning a parking space, storage unit, or other amenity designated in the declaration for assignment but not assigned to a specific separate interest, and complying with governing law. Section 4600(c) says a measure placed before the members shall specify whether the association will receive any monetary consideration for the grant and whether the association or the transferee will be responsible for insurance on the exclusive use. Section 4350 says an operating rule is valid only if it is in writing, within the board's authority, not in conflict with governing law or the declaration, articles, or bylaws, adopted, amended, or repealed in good faith and in substantial compliance with the article, and reasonable. An operating rule does not replace the member vote § 4600 requires. The tool does not count the vote.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.