AB 968 aims to clarify confusion in the Davis-Stirling Act about the exclusive use common area of your HOA. The current language of the Davis-Stirling Act omits who is responsible for repair and replacement of exclusive use common area. If your association’s governing documents do not specify responsibility either, problems can arise if these areas fall into disrepair. If passed, this bill would clarify the wording of Civil Code 4775 to put the responsibility on the HOA. This would apply to your association only if your governing documents are silent on the subject.
How Does This Bill Benefit Both Homeowners and HOA’s?
If it’s not clear in your HOA’s governing documents who is responsible for the repair and replacement of these areas, owners could be required to make repairs and associations could be subject to liability for major costs and safety concerns that could arise if these areas fall into disrepair. If passed, AB 968 would assign the responsibility of repair and replacement of exclusive use common areas to the HOA, eliminating the cost for owners and reducing liability for the association, making this a win for both parties. Homeowners would continue to only be responsible for the maintenance of these areas.
How You Can Help:
Contact your local Senator and express your support of the bill and encourage them to support it as well.
For information on how to contact your Senator, and to read more on AB 968, please visit the ECHO website here: http://www.echo-ca.org/hoa-advocacy/ab-968-exclusive-use-common-area