We Are Not Condominiums

The following statement has been in the annual disclosures for the past 15 years “Park River Oak Estates Homeowners Association is a mutual benefit nonprofit corporation under the Corporation Law of the State of California. We are a Planned Unit Development (PUD), which means the owners are the full and sole legal owners of the internal and external parts of their units and a greater responsibility/burden for repairs and maintenance befall the homeowners. 

We are not a condominium. Except for uniquely major repair components such as roofs, individual homeowners are responsible for all repairs internally and externally on their units, in keeping with legal standards for PUD complexes. *Per our attorney and state law for PUDs even if a water leak or rodents enters your home, you are responsible to repair windows, inside walls and ceiling and other internal components, because you are the sole owner of the outside and the inside of your home, as a PUD.  The reason is that the HOA does not own any portion of your home, inside or out and you have FULL responsibility for the components you exclusively use.

The homeowner is fully responsible for repairs to their own windows, balconies, iron rail on balconies, fences, patios, sliding glass doors, front doors, door frames, garage doors, driveways, ceilings, floors, inside walls, balcony walls, plumbing, private electrical systems, and all internal fixtures, features, components etc – anything that the resident uses exclusively.   However, the repairs must meet HOA construction standards of quality and uniform appearances.   

The HOA is also not responsible for construction defects because we did not hire the developer, nor did we have any control over their abiding laws, building codes, construction standards.   The developer owned your house before he sold it to its first owner and he was not a member of the HOA, nor were some of the first owners.  At no time was the HOA involved.  This fact was affirmed in court.

This is based on the CCR’s which are a binding contractual obligation:

Article VII, [7.2] Section 2 of the Association’s CC&Rs states:

Owner Maintenance Responsibilities.
a) Each Owner of a Lot shall be responsible for maintaining his or her Townhouse, including the equipment and fixtures in the Townhouse and the interior walls, ceilings, floors, windows, and doors of the owned Townhouse in a clean, sanitary, workable, and attractive condition. However, each Owner has complete discretion as to the choice of furniture, furnishings, and interior decorating, except that windows can be covered only by drapes, shutters, or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each Owner also shall be responsible for repair, replacement, and cleaning of the windows and glass of his or her Townhouse, both exterior and interior.

Article IV, [4.4] Section 4 of the Association’s CC&Rs states:

Special Individual Assessments.
(a) Circumstances Giving Rise to Special Individual Assessments. 

(i) Damage to Common Area or Common Facilities. In the event that any damage to, or destruction of, any portion of the Common Area or the Common Facilities, including any portion of the Townhouse which the Association is obligated to repair and maintain is caused by the willful misconduct or negligent act or omission of any Owner, any member of his or her family, or any of his or her tenants, guests, servants, employees, licensees or invitees, the Board shall cause the same to be repaired or replaced, and all costs and expenses incurred in connection therewith (to the extent not compensated by insurance proceeds) shall be assessed and charged solely to and against such Owner as a Special Individual Assessment.

(ii) Expenses Incurred in Gaining Member Compliance. In the event that the Association incurs any costs or expenses, to accomplish (A) the payment of delinquent Assessments, (B) any repair, maintenance or replacement to any portion of the Properties that the Owner is responsible to maintain under the Governing Documents but has failed to undertake or complete in a timely fashion, or (C) to otherwise bring the Owner and/or his or her Lot into compliance with any provision of the Governing Documents, the amount incurred by the Association (including reasonable fines and penalties duly imposed hereunder, title company fees, accounting fees, court costs and reasonable attorneys’ fees) shall be assessed and charged solely to and against such Owner as a Special Individual

Please remember that if you are going to replace your window that you are required to submit an architectural application and obtain Board approval prior to installing the new window.