HOA Homefront: Readers want to know what’s “exclusive use?”




Q: If a membership throughout the HOA needs a locked area for storing, is it thought-about distinctive use? — W.S., Escondido.

A: Exclusive-use widespread area is printed by Civil Code Section 4145 as a portion of widespread area devoted by the CC&Rs to utilizing a single proprietor or group of house owners. So, the membership area for storing, besides it was talked about throughout the CC&Rs, would ordinarily not be thought-about distinctive use, nevertheless as an alternative, is a typical area allotted by board permission.

Q: I’ve a difficulty with my HOA on who pays for plumbing backing up due to a rusty pipe open air my unit throughout the entrance. The pipe rusted out and backed up into my unit. The HOA says it’s my obligation because of the pipe runs “exclusively” into my unit, due to this reality, I’ve to substitute the pipe and restore my flooring at my expense. Any advice might be appreciated. — D. W., Fair Oaks.

A: Do the CC&Rs of your HOA designate pipes which solely serve your unit to be “exclusive use common area?” Per the Dover Village v. Jennison appellate alternative of 2010, besides the CC&Rs say in every other case, the pipes open air a unit aren’t thought-about exclusive-use widespread area.

Even in the event that they’re thought-about distinctive use, do the CC&Rs significantly say that restore of the pipes is your obligation? Civil Code 4775(a)(3) states that, besides the CC&Rs say in every other case, exclusive-use widespread areas are to be repaired by the HOA and maintained by the home proprietor.

In townhouse-style condominiums, by which a number of the plumbing serves explicit individual objects individually, associations usually amend the CC&Rs to allocate to the member the restore of pipes serving solely the member’s unit, nevertheless such an modification would require a membership vote approving it.

Q: A resident was given permission to enclose an area and convert it to a storage room linked to his unit.  Then it was discovered that he punched a spot by the adjoining wall so this room might very properly be accessed from the unit and remodeled it to a rental home, which was not at all accepted. Can a member take an exclusive-use area and make it part of their separate curiosity? The room was not at all permitted by the city.  Can a board approve this attaching of exclusive-use widespread area to the unit with out membership approval? They refuse to reply questions on this, claiming it is a disciplinary topic. — G.G., San Diego.

A: Any time a home-owner takes over a typical area and converts it to distinctive use, Civil Code Section 4600 requires the approval of 67% of all members besides an exemption applies. Another troubling aspect of that’s the home proprietor’s tried conversion of the world to add on to the condominium unit.

Obviously, metropolis and HOA compliance factors are involved proper right here. Even if the city and HOA members accepted this modification, a written settlement should be signed by the home proprietor, acknowledging that the extra area is simply not likely their property.

To legally add the extra space to the unit would require amending the condominium plan, which is — as a wise matter — inconceivable. Maybe the HOA is refusing to discuss it because of their counsel is engaged on it, and normally such points are confidential.

Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers and a Principal of Richardson Ober PC, a California laws company recognized for neighborhood affiliation advice. Send questions to Kelly@richardsonober.com. 




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