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Article: 1 | 2 | Definitions
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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.


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