Common interest communities must provide reasonable access to common elements to unit owners.
BILL SUMMARY
Under current law, unit owners‘ associations (associations) of common interest communities (communities) are allowed to regulate the use of the community’s common elements (common elements). An association should preserve and protect unit owners’ ability to use and enjoy common elements when regulating the use of common elements, and should not unreasonably restrict or prohibit unit owners’ access to, or enjoyment of, any common element. During maintenance, repair, replacement, or modification of a common element, an association may restrict or prohibit unit owners’ access to, and enjoyment of, a common element only as necessary to:
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Provide for the safety of all individuals, including unit owners and individuals performing maintenance, repairs, replacements, or modifications to the common element; or
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Maintain the structural integrity of a repair, replacement, or modification.
It is the responsibility of an association to notify unit owners by email or written if it is necessary to restrict or prohibit their access to a common element for more than 72 hours. The association shall also post a visible, clearly legible notice at each physical access point to the common element, which includes:
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An explanation of why a restriction or prohibition is in place;
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The estimated time or date when the restriction or prohibition will cease to exist; and
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For a unit owner to raise concerns or questions about a restriction or prohibition, the association should have a telephone number or email address.
