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4775 - 4790 Maintenance

CIVIL CODE
SECTION 4775-4790

Maintenance


4775.  (a) Unless otherwise provided in the declaration of a common
interest development, the association is responsible for repairing,
replacing, or maintaining the common area, other than exclusive use
common area, and the owner of each separate interest is responsible
for maintaining that separate interest and any exclusive use common
area appurtenant to the separate interest.
   (b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.




4780.  (a) In a community apartment project, condominium project, or
stock cooperative, unless otherwise provided in the declaration, the
association is responsible for the repair and maintenance of the
common area occasioned by the presence of wood-destroying pests or
organisms.
   (b) In a planned development, unless a different maintenance
scheme is provided in the declaration, each owner of a separate
interest is responsible for the repair and maintenance of that
separate interest as may be occasioned by the presence of
wood-destroying pests or organisms. Upon approval of the majority of
all members of the association, pursuant to Section 4065, that
responsibility may be delegated to the association, which shall be
entitled to recover the cost thereof as a special assessment.



4785.  (a) The association may cause the temporary, summary removal
of any occupant of a common interest development for such periods and
at such times as may be necessary for prompt, effective treatment of
wood-destroying pests or organisms.
   (b) The association shall give notice of the need to temporarily
vacate a separate interest to the occupants and to the owners, not
less than 15 days nor more than 30 days prior to the date of the
temporary relocation. The notice shall state the reason for the
temporary relocation, the date and time of the beginning of
treatment, the anticipated date and time of termination of treatment,
and that the occupants will be responsible for their own
accommodations during the temporary relocation.
   (c) Notice by the association shall be deemed complete upon
either:
   (1) Personal delivery of a copy of the notice to the occupants,
and if an occupant is not the owner, individual delivery pursuant to
Section 4040, of a copy of the notice to the owner.
   (2) Individual delivery pursuant to Section 4040 to the occupant
at the address of the separate interest, and if the occupant is not
the owner, individual delivery pursuant to Section 4040, of a copy of
the notice to the owner.
   (d) For purposes of this section, "occupant" means an owner,
resident, guest, invitee, tenant, lessee, sublessee, or other person
in possession of the separate interest.



4790.  Notwithstanding the provisions of the declaration, a member
is entitled to reasonable access to the common area for the purpose
of maintaining the internal and external telephone wiring made part
of the exclusive use common area of the member's separate interest
pursuant to subdivision (c) of Section 4145. The access shall be
subject to the consent of the association, whose approval shall not
be unreasonably withheld, and which may include the association's
approval of telephone wiring upon the exterior of the common area,
and other conditions as the association determines reasonable.


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