Civil Code Definitions & Foundations
Separate Interest, 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 §4185
(a) “Separate interest” has the following meanings:
(1) In a community apartment project, “separate interest” means the exclusive right to occupy an apartment, as specified in Section 4105.
(2) In a condominium project, “separate interest” means a separately owned unit, as specified in Section 4125.
(3) In a planned development, “separate interest” means a separately owned lot, parcel, area, or space.
(4) In a stock cooperative, “separate interest” means the exclusive right to occupy a portion of the real property, as specified in Section 4190.
(b) Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common area.
(c) The estate in a separate interest may be a fee, a life estate, an estate for years, or any
combination of the foregoing.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Martin v. Bridgeport Community Assn., Inc. 173 Cal. App. 4th 1024 · 2009 Only owners can enforce CC&Rs; non-owner residents lack standing.
- Farber v. BAY VIEW TERRACE HOMEOWNERS ASS'N 141 Cal. App. 4th 1007 · 2006 Former owners lack standing to enforce CC&Rs after selling.
Every decision listed was decided before the current text (eff. 2014-01-01, AB 805).