2797. Common Interest Development - Individual Homeowner Maintenance.
A subdivision that is a common interest development as defined by Civil Code 1351(c) consisting of three (3) or more
attached residential dwellings may have individual homeowner maintenance for their own dwelling if all of the
following exist:
(a) The individual dwellings will be independent structurally from the other dwellings.
(b) All utility lines, except for the fire service line as described below, serving the individual dwellings will consist of
separate lines which run through easements located in accessible areas capable of maintenance by each owner of a
dwelling. Such easements will be established in the CC&R's. A fire service main will run through the easement and will
branch off from the main to each dwelling.
(c) The individual homeowners will be responsible for exterior maintenance of their dwelling. The exterior stucco will
contain architectural enhancements, which will indicate the boundaries between the dwellings.
(d) The homeowners association will maintain, repair and replace the roof. The association budget will include a reserve
item for roof replacement.
(e) The association will also have other limited maintenance responsibilities, such as, fire extinguisher cabinets, fire
extinguishers, electrical panels, gas meters and telephone panels, gutters and downspouts, address numbers and common
exterior lighting. These responsibilities will be described in the CC&Rs or in an exhibit to the CC&Rs specifically
allocating responsibility to the association.
(f) Maintenance Manuals and warranty manuals will be prepared to be consistent with this allocation of responsibility
and will further elaborate as necessary on the maintenance obligations.
(g) The association is responsible for obtaining property insurance for each residential dwelling, excluding items
typically covered by dwelling owners such as personal property, floor and wall surface materials, upgrades installed by
the homeowners and liability insurance for injury or damage caused inside the dwelling. The insurance should cover all
components of the dwelling including the roof, foundation and other exterior elements.
(h) In the event of damage or destruction, the association is responsible for the reconstruction of the dwellings.
(i) The dwelling owners will receive a separate disclosure to be signed or initialed describing in detail their maintenance,
repair, replacement and insurance obligations. That information will also be included in the subdivision's CCR's. In
addition, the subdivision public report will include a special note that there is a separate disclosure, which must be
signed by all homebuyers and describing the building configuration, association assessment structure, maintenance
responsibilities and financing issues. The report will indicate that the lower than usual association assessment will be
offset by higher owner maintenance costs.