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justalayman

Senior Member
What is the name of your state (only U.S. law)?


exclusive easement repair responsibility

What is the name of your state (only U.S. law)? CA

We own one unit in a two unit condo.
We each have a deck with steps attached leading down to the back yard.
The CC&R map indicates that each deck is an exclusive easement and that the
steps and middle landing are common areas.
My question is are we required to maintain/repair the entire area (2 decks - 2 sets of steps and the landing) together
or is each of us responsible for the exclusive easements (our own decks) and both responsible for the common areas.
Any input is much appreciated
first, the rules must be reviewed. They can make any rule regarding the issue. Additionally, you may not have a right to repair anything although you would likely be liable for the costs of repair and maintenance.

If you are allowed to repair, the following would apply to that. If you are not allowed to repair, the following would refer to your financial liability.


You are required to maintain anything the CC&R's require you to maintain. You are not required to maintain what is listed and the obligation in the CC&R's that another is required to maintain.

That leaves issues that are not defined as to the maintenance liability.

based on general application of rules regarding easements, you would be liable to maintain anything that is exclusive to you and you would be liable to maintain anything that is shared in like shares as that of your interest.
 



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