Decide whether an item is common area or a separate interest
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the declaration's boundary language and the condominium plan's legend into a table beside the item in dispute. Do not decide who must maintain or pay for it.
- What the lawyer must review
- In California, Civil Code § 4095 defines common area as the entire common interest development except the separate interests. Section 4185 defines separate interest differently for a community apartment, a condominium, a planned development and a stock cooperative, and, unless the declaration or condominium plan provides otherwise, treats the interior surfaces of designated boundary walls, floors, ceilings, windows and doors as part of the separate interest and the other portions as common area. Section 4145 defines exclusive-use common area and lists fixtures that are exclusive-use common area unless the declaration provides otherwise. You read the recorded declaration and plan and you decide. Another state's definitions are not these sections.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and remaining gaps.
- Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- 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.