Civil Code Definitions & Foundations
Exclusive Use 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 §4145
(a) “Exclusive use common area” means a portion of the common area 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.
(b) Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios,
exterior doors, doorframes, and hardware incident thereto, 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 area allocated exclusively to that separate interest.
(c) 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, is exclusive use common area allocated exclusively to that separate interest.
(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.
Exclusive use common area is common area reserved for one owner (or a few) — and unless the CC&Rs say otherwise, it includes the shutters, balconies, patios, doorsteps, screens, and similar fixtures serving a single unit but sitting outside its boundaries.
What this means for you
Editorial summary — not the statute’s text.
- Balconies and patios are usually exclusive use common area, not part of the unit — check the declaration.
- Default rule under §4775: owners maintain exclusive use areas; the association repairs and replaces them.
- Telephone wiring serving one unit is always that unit’s exclusive use area, no matter what the CC&Rs say.
How courts have read this
Editorial summaries — not the court’s words.
Every decision listed was decided before the current text (eff. 2014-01-01, AB 805).
Defines “Exclusive use common area”
Used by 9 sections.