Glossary of Homeowner Association Terms

Common Area(s) means the entire common interest development except for the separate interests. California law requires the association to maintain the common areas other than exclusive use common areas unless otherwise provided for in the CC&Rs. The common areas typically include, but are not limited to landscaped areas, driveways, pools and elevators.

Common Interest Development means any of the following:

  1. A condominium project,
  2. A planned development, or
  3. A stock cooperative.

The distinction between a condominium and planned development is very significant as it relates to the issue of termites and dry rot.

Condominium consists of an undivided interest in real property, which is the common area, coupled with a separate interest in space called a unit, the boundaries of which are described in the condominium plan.

Under California law, condominium associations are responsible for the repair and maintenance of the common areas occasioned by the presence of wood destroying organisms (termites and dry rot) unless the CC&Rs indicate otherwise.

Condominium Plan means a description of a condominium project describing all dimensions in sufficient detail to identify the common areas and each separate interest. A condominium plan is a recorded document.

Co-op. (See Stock Cooperative.)

Davis-Stirling Common Interest Development Act refers to sections 4000 through 6150 of the California Civil Code. These sections along with other sections of the California codes deal with common interest developments.

Declarant means the person or persons who signed and established the CC&Rs. This is nearly always the builder.

Declaration or CC&Rs (Covenants, Conditions and Restrictions) is a recorded document that sets forth the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes.

Unless the Declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both.



Free Homeowner Association Board Training Seminars

Michael T. Chulak