MAINTENANCE/REPAIR/REPLACEMENT RESPONSIBILITY
MAINTENANCE/REPAIR/
REPLACEMENT RESPONSIBILITY
On January 1, 2017, the Davis-Stirling Common Interest Development Act maintenance responsibilities changed to state that, unless an Association's CC&Rs provide otherwise, the Association will be presumed responsible for repairing, replacing and maintaining the common area, the owner will be presumed responsible for maintaining the owner's exclusive use common area, and the Association will be presumed responsible for repairing and replacing the owner's exclusive use common area. Potential exclusive use common area components include private yards and patios, drains, sprinklers, fences and walls, doors, garage doors, garage door opening systems and water supply lines. We have the experience to help protect our clients with the laws by creating a Responsibility Chart (Maintenance Matrix), reserve planning, special assessments for projects, and amending CC&Rs, etc. We believe in being proactive to prevent legal issues from arising over maintenance responsibility.
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Affiliations
Fiore Racobs & Powers is a founding member of California Association of Community Managers (CACM), and active in Community Associations Institute (CAI) and the California Legislative Action Committee. We are members of the regional chapters of CAI, including: CAI-Orange County Chapter, CAI-Greater Inland Empire Chapter, CAI-Coachella Valley Chapter, CAI-Greater Los Angeles Chapter, CAI-San Diego Chapter and CAI-Channel Islands Chapter.
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Affiliations
Attorneys Richard S. Fiore, Janet L.S. Powers, John R. MacDowell and Erin A. Maloney, are members of the College of Community Association Lawyers (CCAL). Fewer than 175 attorneys nationwide are admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the country.
CCAL consists of attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL fellows are also recognized for committing themselves to high standards of professional and ethical conduct.
