Default rule and exceptions
Unless the declaration says otherwise, each owner repairs, replaces and maintains their separate interest and maintains the exclusive use common area appurtenant to it, and the association repairs and replaces that exclusive use common area (Civ. Code 4775). The association is responsible for repairs needed to restore interrupted gas, heat, water or electrical services that begin in the common area, even if the matter extends into a separate interest or its exclusive use common area.
| Party | What they are responsible for |
|---|---|
| Association | Repairs and replaces the exclusive use common area, and restores interrupted water, gas, heat or electrical service that begins in the common area even when the problem extends into a unit. |
| Unit owner | Repairs, replaces and maintains the separate interest (the unit), and maintains the exclusive use common area appurtenant to it. |
| Exceptions | The declaration may provide otherwise for maintenance and repair of the separate interest and the exclusive use common area |
What the source says
Last verified against the primary source on Oct 28, 2026.
Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.
the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest.
Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.
Read who pays when water leaks from the unit above and the general HOA and condo repair rules.
Common questions
Who pays for condo: water damage / component repair in Statewide, CA?
Responsibility is shared. Repairs and replaces the exclusive use common area, and restores interrupted water, gas, heat or electrical service that begins in the common area even when the problem extends into a unit.
Are there exceptions in Statewide, CA?
The declaration may provide otherwise for maintenance and repair of the separate interest and the exclusive use common area
What is this based on for Statewide, CA?
This verdict is sourced to California Code, Civil Code: Section 4775 and 3 sources in total, each independently re-checked before publication.
Sources
- California Code, Civil Code: Section 4775statute · verified-primary · accessed 2026-10-28
- California Civil Code section 4775statute · verified-primary · accessed 2026-10-28
- California Civil Code section 4775statute · verified-primary · accessed 2026-10-28
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