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) means a separately owned lot, parcel, area, or space. Civil Code §1351(l) "Separate Interest"

Maintenance Duties. In most planned developments, depending on the CC&Rs, maintenance responsibilities are generally allocated as follows:

1.  Owner Entirely Responsible. In planned developments where the homes are single family residences, owners are responsible for maintaining all aspects of their house and lot unless the CC&Rs provide otherwise.

2.  Shared Responsibilities. In some documents, maintenance of the roofs and painting of the exteriors is assigned to the association. All other aspects of repairs and maintenance are assigned to the owner. This is especially true when the homes are constructed in "pods" or "clusters" with shared walls.

Enforcement. When owners fail to maintain their property, the association can enforce maintenance standards as provided for in the governing documents.

RECOMMENDATION: If your documents are unclear, the ambiguities can be resolved through amendments or restatements. If your association is interested in amending or restating its CC&Rs, contact us for more information.