Finding Out Which Common Areas Are Restricted and General in California

Question:

Is there a definition of where restricted common area ends and general common area begins?
We have a homeowner that has a iron fence on their front entry area which is on the edge of their restricted common area. They now have a banner attached to the fence which hangs outside their restricted common area and hangs over general common area. The homeowner thinks as long as the banner bracket is attached to their legal fence, they can hang the banner/flag out over the common area. Our CC&Rs are not specific as to air space over the common area.
Thank you.

– Michael

 

Answer:

Hi Michael,

You can find out which elements are defined as a general common area and which ones are defined as a restricted common area by reviewing your community plat or map. You can request a copy of this plat or map from your HOA board. Alternatively, you may request a copy from your county recorder’s office.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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