Section 4095 - Common Area
(a) "Common area" means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing.
(b) Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 4175, the common area may consist of mutual or reciprocal easement rights appurtenant to the separate interests.
Note: Without "common area" a development is not subject to the Act (Section 4201); however, common area includes mutual or reciprocal easement rights maintained by an association if the association has "the power to levy assessments that may become a lien against the separate interests" pursuant to subdivision (b) of Section 4175.
This section is referenced in Sections: 4746
First Enacted: Old CID Section 1351(b)
Amended: Statutes of 2012, Chapter 180
Similar to: CI-CID Section 6532