Legal Question in Real Estate Law in California

Re: Deck Repairs

I would agree with the other 2 answers. A quick review of your CC&R's and bylaws would be required to gove you a more specific question.

Re: Deck Repairs

As a general rule, state law provides that the Association maintains the true common areas while the homeowners maintain the separate interests and the exclusive use common areas. Civil Code §1364(a), states:

“Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common areas, other than exclusive use common areas, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common areas appurtenant to that separate interest.”

In a condominium development, which party is responsible for repair of which part of the property often hinges on how the maintenance responsibilities are assigned under the CC&Rs. In condominium developments, the Association is responsible for most exterior surfaces, other than items such as doors and windows, because the exterior is generally common areas. Interestingly, your CC&Rs do not specify any Association maintenance responsibilities, but the Association would be responsible for maintaining the Common Area, including most exterior surfaces.

In most condominiums, patios and decks are exclusive use common areas. The owners are responsible for maintaining the surface areas in much the same way they must maintain the interior surfaces of their units. The Association would usually be responsible for fixing structural problems (i.e. dry rot, termite infestation, etc.). However, it is impossible to tell in your particular situation without review the CC&Rs and the condominium plan.

Re: Deck Repairs

The only thing I would add to Mr. Starrett's answer is this. The association has the power to consider the issue and adopt a rule regarding this that is applicable to all owners and the association. That rule can then be memorialized in an amendment to to the CC&R's and Bylaws, and should be.

The issue should be brought up to the association officers, and it should be put on the agenda for discussion and action. You will have to review the CC&R's and Bylaws to see what the requirements are to modify these documents.

Associations are private government in action. Good luck and enjoy the mini lessons that will be learned.