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HomeCivil CodeDiv. 4Pt. 5Ch. 4Art. 5§ 4635 Common Area Transfer Rules

§ 4635 Common Area Transfer Rules

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4635 Common Area Transfer Rules

Key Takeaways

  • •If you buy or sell a home in a planned community (like a condo or townhouse), you automatically get or give up your share of the common areas (like pools or parks).
  • •If you sell or transfer your entire home, you also transfer your membership in the homeowners' association.
  • •This rule applies even if the sale is forced (like in a court sale) or if you choose to sell.

Example

You sell your condo to someone else.

When you sell your condo, the new owner automatically gets your share of the pool and gym areas. They also become a member of the condo association, just like you were.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4635 Common Area Transfer Rules

In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area, if any exists. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Last verified: January 21, 2026

Key Terms

planned developmentseparate interestundivided interestcommon areamembership interestassociation

Related Statutes

  • § 6664 Planned Development Transfer Rules
  • § 4625 Community Apartment Ownership Transfer
  • § 4630 Condominium Common Area Transfers
  • § 4510 Member Access To Property
  • § 4640 Stock Cooperative Ownership Transfer

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4635.
View Official Source