California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2797 - Common Interest Development - Individual Homeowner Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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.