Plumbing Fixtures. Plumbing fixtures are plumbing appliances generally located in the air space of a condominium which are improvements to and a part of the the real property air space owned by a homeowner. Examples are toilets, faucets, sinks, tubs and showers. Normally, all CC&Rs assign maintenance duties for plumbing fixtures to the homeowner. Plumbing lines in the walls are not fixtures--they will either be common area or exclusive use common area lines.
Electrical Fixtures. Like plumbing fixtures, electrical fixtures are improvements to the condominium air space owned by the unit owner. Unless the governing documents state otherwise, electrical fixtures are the duty of the homeowner to repair, maintain and replace. Following are examples of electrical fixtures: light switches, outlets, bathroom ventilation fans, ceiling lights, ceiling fans, etc. Electrical lines in the walls are not fixtures--the wiring will either be common area or exclusive use common area depending on it's usage.
Cabinets & Counters. Cabinets and counters are real property improvements to the air space owned by the condominium unit owner. As such they are the duty of the unit owner to repair and maintain. If they suffer water or fire damage, the homeowner's insurance generally covers the loss. If the loss was caused by the negligence of a neighboring unit owner or the association, claims may be made against the negligent party.
HVAC. Although heating, ventilation and air conditioning ("HVAC") equipment are "fixtures" because they are attached to and improve real property, the equipment is often located outside the boundaries of a condominium's air space. The equipment is usually on the common area roof and deemed "exclusive use" common area. Repair and maintenance of HVAC equipment and ducting will be determined by the association's governing documents.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.