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CALIFORNIA CIVIL CODE
SECTION 1364 (a)
Responsibility for Maintaining Property
Unless otherwise provided in the declaration of a common interest
development, the association is responsible for repairing,
replacing, or maintaining the common areas, other than exclusive
use common areas, 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) (1) In a community apartment project, condominium project,
or
stock cooperative, as defined in Section 1351, 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.
(2) In a planned development as defined in Section 1351, 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, the responsibility
for
such repair and maintenance may be delegated to the association,
which shall be entitled to recover the cost thereof as a special
assessment.
(c) 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.
(d) (1) 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.
(2) 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.
(3) Notice by the association shall be deemed complete upon
either:
(A) Personal delivery of a copy of the notice to the occupants,
and sending a copy of the notice to the owners, if different
than
the occupants, by first-class mail, postage prepaid at the
most
current address shown on the books of the association.
(B) By sending a copy of the notice to the occupants at the
separate interest address and a copy of the notice to the
owners, if
different than the occupants, by first-class mail, postage
prepaid,
at the most current address shown on the books of the association.
(e) For purposes of this section, "occupant" means
an owner,
resident, guest, invitee, tenant, lessee, sublessee, or other
person
(f) Notwithstanding the provisions of the declaration, the
owner
of a separate interest is entitled to reasonable access to
the common
areas for the purpose of maintaining the internal and external
telephone wiring made part of the exclusive use common areas
of a
separate interest pursuant to paragraph (2) of subdivision
(i) of
Section 1351. 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 areas, and other conditions as
the
association determines reasonable.
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