A subdivision that is a common interest development as
defined by Civil Code 1351(c) consisting of three (3) or more attached
residential dwellings may have individual homeowner maintenance for their own
dwelling if all of the following exist:
(a) The individual dwellings will be
independent structurally from the other dwellings.
(b) All utility lines, except for the fire
service line as described below, serving the individual dwellings will consist
of separate lines which run through easements located in accessible areas
capable of maintenance by each owner of a dwelling. Such easements will be
established in the CC&R's. A fire service main will run through the
easement and will branch off from the main to each dwelling.
(c) The individual homeowners will be
responsible for exterior maintenance of their dwelling. The exterior stucco
will contain architectural enhancements, which will indicate the boundaries
between the dwellings.
(d) The
homeowners association will maintain, repair and replace the roof. The
association budget will include a reserve item for roof replacement.
(e) The association will also have other
limited maintenance responsibilities, such as, fire extinguisher cabinets, fire
extinguishers, electrical panels, gas meters and telephone panels, gutters and
downspouts, address numbers and common exterior lighting. These
responsibilities will be described in the CC&Rs or in an exhibit to the
CC&Rs specifically allocating responsibility to the association.
(f) Maintenance Manuals and warranty manuals
will be prepared to be consistent with this allocation of responsibility and
will further elaborate as necessary on the maintenance obligations.
(g) The association is responsible for
obtaining property insurance for each residential dwelling, excluding items
typically covered by dwelling owners such as personal property, floor and wall
surface materials, upgrades installed by the homeowners and liability insurance
for injury or damage caused inside the dwelling. The insurance should cover all
components of the dwelling including the roof, foundation and other exterior
elements.
(h) In the event of
damage or destruction, the association is responsible for the reconstruction of
the dwellings.
(i) The dwelling
owners will receive a separate disclosure to be signed or initialed describing
in detail their maintenance, repair, replacement and insurance obligations.
That information will also be included in the subdivision's CCR's. In addition,
the subdivision public report will include a special note that there is a
separate disclosure, which must be signed by all homebuyers and describing the
building configuration, association assessment structure, maintenance
responsibilities and financing issues. The report will indicate that the lower
than usual association assessment will be offset by higher owner maintenance
costs.
Notes
Cal. Code Regs.
Tit. 10, §
2797
1. New section
filed 2-28-2006; operative 3-30-2006 (Register 2006, No. 9). For prior history,
see Register 96, No. 46.
2. Amendment of section heading, section
and NOTE filed 7-9-2009; operative 8-8-2009 (Register 2009, No.
28).
Note: Authority cited: Section
11001,
Business and Professions Code. Reference: Sections
11003,
11004.5
and
11018.5,
Business and Professions Code; and Section
1351, Civil
Code.
1. New section filed
2-28-2006; operative 3-30-2006 (Register 2006, No. 9). For prior history, see
Register 96, No. 46.
2. Amendment of section heading, section and
Note filed 7-9-2009; operative 8-8-2009 (Register 2009, No.
28).
