Condo or House in Los Feliz: Who Is Responsible for Maintenance?

In a house, you are responsible for all of it: the roof, the walls, the plumbing and the yard. In a California condo, the job is split. Under Civil Code section 4775, unless the declaration says otherwise, the association repairs, replaces and maintains the common area, and each owner repairs, replaces and maintains their own unit. The CC&Rs decide exactly where one ends and the other begins.

That split is one of the biggest practical differences between the two kinds of homes. At Rooster Homes™ we read the maintenance sections of the CC&Rs with every condo buyer, because they decide which repair bills land on the owner and which ones the fee covers.

Civil Code section 4775 sets a default for common interest developments, which include condos. It applies unless the declaration, meaning the CC&Rs, provides otherwise.

• The common area. The association is responsible for repairing, replacing and maintaining it. Think roof, structure, hallways, the pool and shared building systems.
• Your unit. The owner of each separate interest is responsible for repairing, replacing and maintaining it.
• Exclusive use common area. This is shared property set aside for one unit's use. The owner maintains it, and the association repairs and replaces it.

Civil Code section 4145 lists examples of exclusive use common area, again unless the declaration says otherwise. They include balconies, patios, porches, doorsteps, exterior doors and doorframes, windows, screens, shutters and awnings. So in many buildings, you keep your balcony clean and the association replaces the balcony when it wears out.

The key phrase is "unless otherwise provided in the declaration." Many CC&Rs shift some items one way or the other. That is why the law is only the starting point.

Many associations publish a maintenance chart, often called a maintenance matrix. It lists building parts down one side and shows who is responsible for each one: the association or the owner. Some charts split an item further, such as the association for the pipe inside the wall and the owner for the faucet.

A matrix is easier to read than the CC&Rs themselves. It can appear inside the CC&Rs, as a separate board policy or in the house rules. If the building has one, we ask for it. If it does not, we go through the CC&Rs item by item with you.

Items worth checking in any building:

• Windows and sliding doors
• The water heater and the HVAC unit
• Plumbing lines inside the walls and under the floor
• Balconies, patios and their railings
• The front door, its frame and its lock
• Leaks that start in one unit and damage another

Through the fee and the reserves. Part of every monthly fee goes into a savings account for big repairs. Under Civil Code section 5550, when the replacement value of the major components is at least half the association's gross budget, the board must have a reserve study done at least once every three years. It includes a visual inspection of the accessible major components. The board must review it every year.

If the reserves fall short when a big repair comes due, the association may raise the fee or charge a special assessment. That is why the reserve study matters to a buyer. It shows whether the building has saved for what is coming.

A house has no reserve study. The owner is the reserve. A roof, a sewer line or a foundation repair comes from your own savings, on your own schedule.

1. Read the maintenance sections of the CC&Rs. Look for the maintenance matrix if the building has one.
2. Read the reserve study and the budget. Note which major components are coming due and how much has been saved.
3. Read the board minutes. Plans for a roof, plumbing or balcony project often show up there first.
4. Inspect the unit. An inspector looks at what you will own: fixtures, appliances, the water heater and the electrical panel.
5. Match your insurance to the split. Your condo policy should cover what the association's master policy does not. Your insurance agent should see both.

Our full buying method is on how we help you buy in Los Feliz.

• Assuming the fee covers every repair. Instead, read the matrix or the CC&Rs. Many items inside the unit belong to the owner.
• Assuming a balcony is all yours. Instead, check whether it is exclusive use common area and who repairs it.
• Skipping the inspection because the building is maintained. Instead, inspect the unit. The association does not maintain your water heater unless the documents say so.
• Buying a house without a repair budget. Instead, set aside money every month, the same way an association funds reserves.

These are hypothetical examples, not real clients or real homes.

A leaking window. A condo owner notices water around a window. The CC&Rs follow the state default, and the window is exclusive use common area. The owner reports it, and the association handles the replacement.

A failed water heater. Another owner's water heater stops working. The building's matrix lists water heaters as an owner item. The owner hires the plumber and pays for it.

A house roof. A house owner's roof reaches the end of its life. There is no association. The owner gets bids and pays from savings.

Rooster Homes™ is a Los Feliz, Los Angeles real estate brokerage owned by Brandon and Sarah Arlington (DRE #02051216) helping buyers and sellers of Los Feliz condos and townhomes. We read the CC&Rs, the reserve study and the minutes with you, and we write down every question for the association.

Moving from a house to a condo? See downsizing into a Los Feliz condo. When you are ready, send us a note. Let us know what works best for you, and we will coordinate our schedule around yours.

This post explains how California condo law generally works. It is not legal advice. Every association's documents differ. For your situation, talk with an attorney.