California Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Civil Code 4775 sets the defaults when the declaration is silent. The association repairs, replaces, and maintains the common area. Each owner repairs, replaces, and maintains their own separate interest (the unit). For exclusive use common areas, such as a balcony or patio serving one unit, the owner handles maintenance and the association handles repair and replacement. Since 2025, the association must also repair utility service interruptions that start in the common area, even if they extend into a unit. Owners pay their own temporary relocation costs during association repairs.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Under Civil Code 4185(b), unless the declaration or condominium plan says otherwise, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets inside the unit belong to the unit. Other parts of those walls, floors, and ceilings are common area. So by default you own the paint and surface, and the association owns the structure behind it. Your CC&Rs or condo plan can change this.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Association maintains common area and owner maintains the unit unless the declaration says otherwise (Civil Code 4775).
• For exclusive use common area, the owner maintains it and the association repairs and replaces it, unless the declaration says otherwise (4775).
• Boards must start restoring interrupted gas, water, or electric service that originates in common area within 14 days (4775, as amended effective January 1, 2025).
• In condo projects, the association repairs common area damage caused by wood-destroying pests unless the declaration says otherwise (4780).
• Without member approval, the board cannot raise regular assessments more than 20 percent over the prior year or levy special assessments over 5 percent of budgeted gross expenses in a year (5605).
• The association must notify members if a master policy lapses or coverage drops or the deductible rises significantly (5810).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in California

Insurance and deductibles

Davis-Stirling mainly regulates insurance through disclosure. Under Civil Code 5300, the annual budget report (sent 30 to 90 days before the fiscal year ends) must summarize the association's property, general liability, earthquake, flood, and fidelity policies, including insurer, limits, and deductibles. It must also warn owners that the association's policies may not cover their property or improvements and that they may owe part of a deductible. Civil Code 5810 requires notice to members if a policy lapses or is canceled, or if coverage is cut or the deductible rises significantly. How deductibles are split is usually set by the CC&Rs.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a California condo

Under Civil Code 4525, the selling owner must give the buyer a disclosure package as soon as practicable before transfer of title. It includes the governing documents, the budget and reserve information, a written statement of current regular and special assessments and any unpaid amounts, unresolved violation notices, approved but not yet due assessment increases, any rental restrictions, and the most recent balcony (Section 5551) inspection report. Board minutes from the past 12 months are included if requested. Under Civil Code 4530, the association must provide these documents to the owner within 10 days of a request, for a reasonable, itemized fee.

Frequently Asked Questions

Who fixes my condo balcony in California?

If the balcony is exclusive use common area and your CC&Rs are silent, Civil Code 4775 says you handle routine maintenance and the association handles repair and replacement. Structural safety of elevated balconies is also covered by the Section 5551 inspection program. Always check your CC&Rs, since they can shift these duties.

Do I own the walls of my California condo?

By default, you own the interior surfaces of your perimeter walls, floors, and ceilings, plus windows, doors, and outlets inside the unit (Civil Code 4185). The rest of those walls, floors, and ceilings is common area. Your declaration or condominium plan can draw the line differently, so check those documents.

Can my HOA raise dues more than 20 percent?

Not without member approval. Civil Code 5605 bars the board from raising the regular assessment more than 20 percent over the previous year, or levying special assessments above 5 percent of budgeted gross expenses in a year, unless the members approve.

How often does a California condo need a reserve study?

At least every three years, with a visual inspection of major components, when their replacement value is at least half of the gross budget. The board must review it every year and adjust the reserve analysis as needed (Civil Code 5550).

Who pays for a water or gas line break in the common area?

Since 2025, Civil Code 4775 makes the association responsible for repairing utility service interruptions that start in the common area, even if the line extends into a unit. The board must start restoring service within 14 days and can borrow without a member vote if reserves fall short.