Civil Code Definitions & Foundations

§4095

Common Area, Defined

Chapter 1 · General Provisions · Definitions

Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01

The code says CIV §4095

(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.

(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

In plain English

Editorial summary — not the statute’s text.

The common area is everything in the development that isn’t a separate interest — the default canvas the association maintains and controls. In some planned developments it can exist only as mutual easement rights rather than land the association owns.

What this means for you

Editorial summary — not the statute’s text.

  • If it isn’t someone’s unit or lot, it’s common area by default — including things you might not expect.
  • Check the declaration for how your development’s common area estate is actually structured.
  • Common-area status drives maintenance duty, insurance, and alteration approvals downstream.

How courts have read this

Editorial summaries — not the court’s words.

Defines “Common area”

Used by 44 sections.

§4110 §4145 §4175 §4185 §4200 §4201 §4230 §4265 §4285 §4355 §4500 §4505 §4510 §4515 §4528 §4600 §4610 §4615 §4620 §4630 §4635 §4725 §4730 §4739 §4745 §4745.1 §4746 §4765 §4775 §4777 §4780 §4790 §5100 §5105 §5350 §5620 §5725 §5730 §5805 §5850 §5855 §5980 §6100 §6150

Cites (1)

§4175

Cited by (1)

§4746

Official text · leginfo ↗