Skip to Content
  • California Legislature recently adopted Assembly Bill 968 (“AB 968”) which amends Civil Code §4775 of the State’s common interest development law; the Davis-Stirling Common Interest Development Act so as to clarify the allocation of responsibility between the Association and its members for the maintenance, repair and replacement of a community’s components. Unless otherwise provided in the Declaration of Covenants, Conditions & Restrictions, the Association is responsible for maintaining, repairing, or replacing the common areas, other than the exclusive use common areas, while the owner of each separate interest is responsible for maintaining such separate interest. AB 968, which becomes effective on January 1, 2017, serves to clarify that: (1) Unless otherwise provided in the Declaration, the Association is responsible for maintaining, repairing and replacing the common areas; (2) the owner of each separate interest is responsible for maintaining, repairing, and replacing separate interest; and (3) the owner of the separate interest is responsible for maintaining the exclusive use common areas appurtenant to the separate interest which the association is responsible for repairing and replacing the exclusive use common areas. 

    In other words, while an owner is responsible for the “maintenance” of the exclusive use common areas, the association is burdened with the repair and replacement of the same. Inevitably, disputes will arise regarding the meaning of “maintenance” in the context of this new statute which will require further clarification from the Courts and/or Legislature

    For more information contact:

    Matthew L. Grode, Esq.
    Gibbs Giden Locher Turner Senet & Wittbrodt LLP
    1880 Century Park East, 12th Floor
    Los Angeles, California 90067
    Phone: (310) 552-3400
    email: mgrode@gibbsgiden.com

    The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the content discussed herein or any of the content posted to the Gibbs Giden website please contact the article attorney author or send an email to info@gibbsgiden.com. The transmission of information by email, over the Gibbs Giden website, or any transmission or exchange of information over the Internet, or by any of the included links is not intended to create and does not constitute an attorney-client relationship. For a complete description of the terms of use of this information and the Gibbs Giden website please see the Legal Notices section at /legal-disclaimer/. This publication may not be reproduced or used in whole or in part without written consent of the firm.

    Copyright 2014 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©