Civil Code Ownership & Transfers
Common Area Owned as Tenants in Common
Chapter 4 · Ownership and Transfer of Interests · Ownership Rights and Interests
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4500
Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common, in equal shares, one for each 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.)
How courts have read this
Editorial summaries — not the court’s words.
- Cebular v. COOPER ARMS HOMEOWNERS ASS'N 142 Cal. App. 4th 106 · 2006 Assessments proportioned to voting power are not wholly arbitrary.
- Liebler v. Point Loma Tennis Club 40 Cal. App. 4th 1600 · 1995 Rules may bar nonresident owners from common recreational facilities.
Decided under the former numbering
- Heiman v. Workers' Compensation Appeals Board 149 Cal. App. 4th 724 · 2007 · as former §1362 Associations answer for managing agents who hire unlicensed contractors.
- Adelman v. Associated International Insurance 90 Cal. App. 4th 354 · 2001 · as former §1362 Individual owners cannot sue the association’s insurer for negligent claim handling.
- Franklin v. Marie Antoinette Condominium Owners Ass'n 19 Cal. App. 4th 824 · 1993 · as former §1362 CC&R exculpatory clauses can bar damage claims against a nonnegligent association.
Every decision listed was decided before the current text (eff. 2014-01-01, AB 805).