Definitions of separate interests, common areas and exclusive-use common areas are especially important because of the maintenance responsibilities and liability issues that attach to these defined areas.

Maintenance Responsibilities. Unless the CC&Rs provide otherwise, the association is responsible for repairing, replacing, or maintaining the common areas, and owners are responsible for maintaining their separate interests and any exclusive use common areas appurtenant to their separate interests. Civil Code §1364(a).

Common Area is defined as the entire common interest development except for the separate interests in the development. Civil Code §1351(b).

Separate Interest. The "separate interest" of a condominium or the "unit" is the air space bounded by the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, doors. Civil Code §1351(l). In interpreting deeds, the existing physical boundaries of a unit are conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan. Civil Code §1371.

Improvements. Everything inside that air space including light fixtures, light switches and outlets, carpet, hardwood floors, paint and wallpaper, toilets, tubs, showers, sinks, appliances, cabinets, counter tops, etc. are improvements to the unit which are owned by the homeowner. Homeowners are responsible for insuring, repairing, and replacing improvements to their units.