---
title: "Check an exclusive-use grant of common area before the board makes it"
url: "https://ailawframework.com/practice/strata-and-community-titles/check-a-common-property-rights-by-law-for-owner-consent-before-it-is-mad/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A47-SF20261022-3-US"
practice_area: "Strata & Community Titles"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check an exclusive-use grant of common area before the board makes it

> 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.

Canonical page: https://ailawframework.com/practice/strata-and-community-titles/check-a-common-property-rights-by-law-for-owner-consent-before-it-is-mad/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 | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check a common-property rights by-law for owner consent before it is made](https://ailawframework.com/practice/strata-and-community-titles/check-a-common-property-rights-by-law-for-owner-consent-before-it-is-mad.md) |

## Checking plan

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

## Notes

- This is California. Another state's common-area statute can require a different vote, or none.
- If the governing documents specify a different percentage, use that percentage. Do not default to 67 percent over the documents.

## Sources

- [California Civil Code § 4600](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=4600) (checked 2026-10-22)
- [California Civil Code § 4350](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=4350) (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.*