§ 19.790.040 — Definitions

19.790.040 - Definitions.

For the purposes of this chapter the following terms have the meanings as defined in Section 1351 of the California Civil Code and are as follows: A. Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. B. 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. However, the common area for a planned development specified in paragraph (2) of subdivision (k) may consist of mutual or reciprocal easement rights appurtenant to the separate interests. C. Condominium site plan means a plan consisting of (1) a description or survey map of a condominium project, which shall refer to or show monumentation on the ground, (2) a three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (3) a certificate consenting to the condominium conversion signed and acknowledged by the record owner of the property. D. Declarant means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration. E. Declaration means the document, however denominated, that contains the information required by Section 1353 (Ca. Civil Code). F. Exclusive use common area means a portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests. 1. Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident there to, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest. 2. Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest. G. Governing documents means the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, that govern the operation of the common interest development or association. H. Planned development means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features: 1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area. 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment that may become a lien upon the separate interests in accordance with Section 1367 or 1367.1 (Cal. Civil Code).

(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)