Condominium Project
A condominium project is one of the four types of common interest developments recognized under California Civil Code Section 4125. In a condominium, each owner holds title to an airspace unit — the volume of space within the boundaries defined by the walls, floor, and ceiling of their unit — plus an undivided fractional interest in the common elements shared by all owners. Common elements typically include the building structure, roof, exterior walls, foundations, hallways, elevators, parking structures, pools, and other shared amenities. The boundaries of each unit and the common areas are defined in a recorded condominium plan filed with the county recorder. The association is responsible for maintaining, repairing, and insuring the common elements, funded through regular assessments collected from all owners. Individual owners are responsible for the interior of their unit, including fixtures, appliances, and interior surfaces, unless the CC&Rs allocate responsibilities differently. This shared-ownership structure makes condominium projects distinct from planned developments, where each owner holds fee simple title to their lot and the land beneath their structure. The airspace ownership concept also creates unique insurance considerations: the association carries a master policy covering the building structure and common areas, while individual owners need an HO-6 policy covering their unit interior, personal property, and personal liability. California condominium associations are subject to SB 326 balcony inspection requirements and all Davis-Stirling Act governance, financial, and disclosure obligations.
Example in Context
When a pipe burst inside the wall between two units, the board reviewed the condominium plan and CC&Rs to confirm that plumbing within the common walls was an association maintenance responsibility, and authorized emergency repairs funded from operating reserves.
Frequently Asked Questions
Who is responsible for repairs in a condominium — the owner or the association?
Generally, the association maintains the common elements (building structure, roof, exterior walls, shared systems) and the owner maintains the interior of their unit. However, the CC&Rs for each condominium project define the exact boundary between association and owner responsibility. Board members should consult their CC&Rs and condominium plan to determine whether items like windows, doors, balcony surfaces, and plumbing within walls are association or owner responsibility.