California Civil Code section 4775 sets the default rule for who maintains, repairs, and replaces what in a common interest development: the homeowners association takes care of the common area, each owner takes care of their own separate interest, and exclusive use common areas like balconies and patios are split, with the owner handling day-to-day maintenance and the association handling repair and replacement. Every piece of that allocation can be rewritten by the community’s recorded declaration, so the statute is the fallback, not the final word.
What the Association Must Maintain
Under section 4775(a)(1), the association is responsible for repairing, replacing, and maintaining the common area unless the declaration says otherwise.1California Legislative Information. California Civil Code 4775 (2025) Common areas typically include the structural components of the building, shared hallways, lobbies, recreational facilities, landscaping, and roofing, along with other property that every owner has the right to use.
The board funds this work through regular assessments collected from all owners and is expected to budget for ongoing upkeep rather than let problems compound. Deferred maintenance on a roof or a shared plumbing line turns into a larger repair bill later, and a board that neglects a statutory duty can face legal exposure. Courts look at whether directors acted reasonably in prioritizing repairs and allocating reserve funds.
What You Must Maintain Inside Your Unit
Section 4775(a)(3) places the duty to repair, replace, and maintain a separate interest on the owner.1California Legislative Information. California Civil Code 4775 (2025) In a condominium, the separate interest is generally the airspace within the unit’s interior walls. In a planned development, it typically covers the lot and the structure itself. The precise boundaries depend on how your declaration defines them, so check the CC&Rs rather than assuming.
Neglecting interior problems can create liability well beyond your own unit. A leaking water heater or deteriorating plumbing inside a condo can push water into shared walls or a neighbor’s ceiling, and the owner whose unit was the source can be held responsible for the resulting damage to common areas or other units. The association can also impose fines for violations of its maintenance standards. California recently capped those fines at $100 per violation for most rule infractions, with an exception for violations that affect public health or safety.
Exclusive Use Common Areas: Owner Maintains, Association Repairs
Exclusive use common areas are portions of the common area set aside for one owner’s use even though they technically belong to everyone. Civil Code section 4145 defines these to include balconies, patios, stoops, porches, exterior doors and their hardware, screens, windows, awnings, and fixtures that serve a single unit but sit outside the unit’s boundaries.2California Legislative Information. California Civil Code CIV 4145
Section 4775(a)(4) splits responsibility for these areas in a way that catches many owners off guard. The owner is responsible for day-to-day maintenance, while the association is responsible for repair and replacement.1California Legislative Information. California Civil Code 4775 (2025) If you have a private patio, keeping it swept, clean, and free of debris that could clog drains is your job. If the patio surface cracks and needs resurfacing, or a balcony railing rusts through, the association handles the repair or replacement.
Most disputes land right on this line. An owner who skips routine upkeep, such as failing to clear a balcony drain, can accelerate structural deterioration that the association then has to pay to fix. In those situations, the association may seek to recover repair costs from the owner whose neglect caused the damage. The declaration can modify this default allocation, so read your CC&Rs before assuming the statute’s split controls.
Utility Outages and the 14-Day Rule
Section 4775(a)(2) makes the association responsible for the repairs needed to restore interrupted gas, heat, water, or electrical service when the failure originates in the common area, even if the problem extends into a separate interest or exclusive use common area.3California Legislative Information. California Civil Code 4775 This does not override the repair obligations of the utility company or local government, but it keeps the association from standing aside while residents go without essential services.
Subdivision (b)(1) puts real teeth behind that duty. The board must begin the repair process within 14 days of the interruption.3California Legislative Information. California Civil Code 4775 If reserves fall short, the board can obtain competitive financing and levy an emergency assessment to repay the loan without a member vote, provided it adopts a resolution explaining why reserves do not cover the costs. If directors cannot even gather a quorum within 14 days, the statute reduces the quorum requirement at the next meeting so that however many directors show up can act. The Legislature plainly did not want procedural gridlock to leave residents without running water or electricity.
Who Pays if You Have to Move Out During Repairs
When the association performs work on areas it is responsible for, residents sometimes need to vacate temporarily. Subdivision (c) assigns those relocation costs to the owner of the affected unit, not the association.4California Legislative Information. California Civil Code CIV 4775 Hotel bills, meals, and other expenses during a multi-day repair come out of the owner’s pocket even though the association is paying for and managing the underlying work.
This surprises owners, especially when the repair had nothing to do with anything they did. A building-wide plumbing overhaul might require access to walls inside individual units for days at a stretch. The association pays for the plumbing work; each displaced owner pays their own lodging. Check your HO-6 homeowner’s policy for loss-of-use or additional living expense coverage that might offset these costs.
When Your CC&Rs Change the Default Rules
Nearly every allocation in section 4775 is prefaced with “unless otherwise provided in the declaration.” A community’s CC&Rs can shift maintenance, repair, or replacement duties in almost any direction. Some declarations make owners responsible for repairing their own exclusive use common areas. Others assign the association responsibility for certain elements inside separate interests, such as plumbing fixtures or HVAC systems. The statute supplies the fallback; the declaration is the first place to look.
Amending a declaration takes a vote of the membership. If the CC&Rs specify a required approval percentage, that percentage controls. If they are silent, Civil Code section 4270 allows amendment by a majority of all members.5California Legislative Information. California Civil Code CIV 4270 Older CC&Rs sometimes require a supermajority of 67% or more, which can make amendments practically impossible in communities with low voter turnout. In those cases, Civil Code section 4275 lets the association petition a court to lower the threshold, provided at least a simple majority has already voted in favor.
The board cannot unilaterally reinterpret who is responsible for a particular component. A board may decide how to perform a repair that falls within its acknowledged duty, but a dispute over whether a sewer lateral or utility line is a common area component or an exclusive use common area component is a legal question, not a management decision.
The Related Balcony Inspection Duty
Because the association repairs and replaces exclusive use common areas like balconies and elevated walkways, a related statute imposes proactive inspection obligations. Civil Code section 5551, added by SB 326, requires the board of a condominium association to hire a licensed structural engineer, civil engineer, or architect to visually inspect a statistically significant sample of exterior elevated elements every nine years.6California Legislative Information. SB 326 – California Civil Code 5551 The first round of inspections was due by January 1, 2025.
Exterior elevated elements include load-bearing components and their waterproofing systems for decks, balconies, stairways, walkways, and railings that sit more than six feet above ground and are supported in whole or substantial part by wood or wood-based products. The law applies only to buildings with three or more multifamily dwelling units.6California Legislative Information. SB 326 – California Civil Code 5551
If an inspector finds that an element poses an immediate safety threat, the association must act at once to prevent occupant access until repairs are inspected and approved by local code enforcement. The inspector must also send the report to the local enforcement agency within 15 days.7California Legislative Information. California Civil Code CIV 5551 The inspections are expensive, but skipping them exposes the board to enforcement costs and serious liability if a structural failure occurs.