A Community Association, sometimes called a "Homeowners Association" is a nonprofit corporation or unincorporated
association created for the purpose of managing a Common Interest Development. Generally, this management is charged
with the maintenance and control of the "Common Area". The governing documents for the association will govern the
specific responsibilities of the association.
Common Area
The entire common interest development except the separate
interest therein. The estate in the common area may be a fee, a life estate,
an estate for years, or any combination of the foregoing. However, the common
area for a planned development may consist
of reciprocal easement rights appurentant to the separate interests, Some common
area may be designated "Exclusive
Use Common Area".
What is a Common Interest Development?
While there may be some minor variations to the following definitions found in
the Civil Codes of the various states, the following definitions taken from the California
Civil Code are generally reflective of what constitutes a "Common Interest
Development". If anyone knows of a significant variations, if you will let us know at
webmaster@helsing.com we will add that
variation to the list.
Generally, a "Common Interest Development means any of the following:
Community Apartment
A development in which an undivided interest in land is coupled with the right
of exclusive occupancy of any apartment located thereon.
Condominium Project
A development consisting of condominiums. A condominium consists of an undivided
interest in common in a portion of real property coupled with a separate
interest in space called a unit, the boundaries of which are described on
a recorded final map, parcel map, or condominium
plan in sufficient detail to locate all boundaries thereof. The area within
these boundaries may be filled with air, earth, water, or any combination thereof,
and need not be physically attached to land except by easements for access and,
if necessary, support. The description of the unit may refer to:
Boundaries described in the recorded final map, parcel map, or condominium
plan,
Physical boundaries, either in existence or to be constructed, such as
walls, floors, and ceilings of a structure or any portion thereof,
An entire structure containing one or more units, or
Any combination thereof.
The portion or portions of real property held in undivided interest may be
all of the real property, except for the separate
interests, or may include a particular three-dimensional portion thereof,
the boundaries of which are described on a recorded final map, parcel map, or
condominium plan. The area within these boundaries
may be filled with air, earth, water, or any combination thereof, and need not
be physically attached to land except by easements for access and, if necessary,
support. An individual condominium within a condominium
project may include, in addition, a separate
interest in other portions of the real property.
The Common Area is owned either by the association or in common by the
owners of the separate interests who possess
appurtenant rights to the beneficial use and enjoyment of the common area.
A power exists in the association to enforce an obligation of an owner
of separate interest with respect to the beneficial use and enjoyment of the
common area by means of an assessment which may become a lien upon the separate
interests in accordance with applicable law.
Stock Cooperative A development in which the corporation is formed or availed of primarily for
the purpose of holding title to, either in fee simple or for a term of years,
improved real property, and all or substantially all of the shareholders of
the corporation receive a right of exclusive occupancy in a portion of the real
property, title to which is held by the corporation. The owners' interest in
the corporation, whether evidenced by a share of stock, a certificate of membership,
or otherwise, shall be deemed to be an interest in a common interest development
and real estate development in California (Section 25100 of the Corporation
Code), and may be so deemed in other jurisdictions (check applicable law).
A description or survey map of a condominium
project, which shall refer to or show monumentation on the ground.
A three dimensional description of a condominium
project, one or more dimensions of which may extend for an indefinite
distance upwards or downwards, in sufficient detail to identify the common
areas and each separate interest, and
A certificate consenting to the recordation of condominium plan pursuant
to this title signed and acknowledged by the record owner of fee title to
that property included in the condominium project.
In the case of a condominium project which
will terminate upon the termination of an estate for years and, in the case of
a condominium project subject to a life estate, the certificate shall be signed
and acknowledged by all life tenants and remainder interests. The certificate
shall also be signed and acknowledged by either the trustee or the beneficiary
of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering
the property. Owners of mineral rights, easements rights-of-way, and other nonpossessory
interests do not need to sign the condominium plan. A condominium plan may be
amended or revoked by a subsequently acknowledged recorded instrument executed
by all persons whose signatures would be required to record a condominium plan
pursuant to applicable law. (Note: The above is in accordance with California
Law, the laws of other states may vary.)
A portion of the common areas designated by the declaration
for the exclusive use of one or more, but fewer than all, of the owners of the
special interests and which is or will be appurtenant to the separate
interest or interests. In California, unless the declaration
otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops,
porches, balconies, patios, exterior doors, door frames, and hardwares incident
thereto, screens and windows or other fixtures designed to serve a special interest,
but located outside the boundaries of the separate
interest, are exclusive use common area.
The person or group of persons designated in the declaration
as declarant, or if no declarant is designated, the person or group of persons
who sign the original declaration or who succeed
to special rights, preferences, or privileged designated in the declaration
as belonging to the signator of the original declaration.
The declaration and any other documents, such as
bylaws, operating rules of the association, articles of incorporation, or articles
of association, which governs the operation of the common interest development
or association.
This term has various meaning depending on the type of common interest development:
1. In a Community Apartment project it means
the exclusive right to occupy an apartment as specified in applicable law.
2. In a Condominium project it means an individual
unit as specified under applicable law.
3. In a planned development it means a separately
owned lot, parcel, area, or space.
4. In a stock cooperative it means the exclusive
right to occupy a portion of the real property as specified under applicable
law.
