Civil Code Property, Pets & Rentals
Wood-Destroying Pest Repairs
Chapter 5 · Property Use and Maintenance · Maintenance
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4780
(a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms.
(b) In a planned development, unless a different maintenance scheme is provided in the declaration, each owner of a separate
interest is responsible for the repair and maintenance of that separate interest as may be occasioned by the presence of wood-destroying pests or organisms. Upon approval of the majority of all members of the association, pursuant to Section 4065, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment.
(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.
- Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n 21 Cal.4th 249 · 1999 Courts defer to good-faith board maintenance decisions.
decided before the current text (eff. 2014-01-01, AB 805)
- Branches Neighborhood Corp. v. CalAtlantic Group, Inc. 26 Cal. App. 5th 743 · 2018 Upheld a CC&R member-vote precondition to developer suits — later voided by statute.
mentioned in passing