§ 4760 Member Property Modifications

Key Takeaways

•You can make changes inside your own home (like painting or adding shelves) as long as it doesn’t weaken the building or make it unsafe.
•If you or someone in your home has a disability (like using a wheelchair or being blind), you can modify your home to make it easier for them to move around. This includes adding ramps or widening doors.
•You must follow building rules and safety codes when making these changes, and you can’t block pathways for neighbors.
•If you move out and the next person doesn’t need the disability modifications, you must remove them (like ramps) if they’re outside your home.

Example

A person who uses a wheelchair moves into a ground-floor apartment and wants to add a ramp to the front door.

They can build the ramp as long as it follows safety rules, doesn’t block the sidewalk for neighbors, and gets approved by the homeowners' association. If they move out later and the next person doesn’t need the ramp, they must remove it.

(a) Subject to the governing documents and applicable law, a member may do the following: (1) Make any improvement or alteration within the boundaries of the member’s separate interest that does not impair the structural integrity or mechanical systems or lessen the support of any portions of the common interest development. (2) Modify the member’s separate interest, at the member’s expense, to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter conditions which could be hazardous to these persons. These modifications may also include modifications of the route from the public way to the door of the separate interest for the purposes of this paragraph if the separate interest is on the ground floor or already accessible by an existing ramp or elevator. The right granted by this paragraph is subject to the following conditions: (A) The modifications shall be consistent with applicable building code requirements. (B) The modifications shall be consistent with the intent of otherwise applicable provisions of the governing documents pertaining to safety or aesthetics. (C) Modifications external to the dwelling shall not prevent reasonable passage by other residents, and shall be removed by the member when the separate interest is no longer occupied by persons requiring those modifications who are blind, visually handicapped, deaf, or physically disabled. (D) Any member who intends to modify a separate interest pursuant to this paragraph shall submit plans and specifications to the association for review to determine whether the modifications will comply with the provisions of this paragraph. The association shall not deny approval of the proposed modifications under this paragraph without good cause. (b) Any change in the exterior appearance of a separate interest shall be in accordance with the governing documents and applicable provisions of law. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Key Takeaways

•You can make changes inside your own home (like painting or adding shelves) as long as it doesn’t weaken the building or make it unsafe.
•If you or someone in your home has a disability (like using a wheelchair or being blind), you can modify your home to make it easier for them to move around. This includes adding ramps or widening doors.
•You must follow building rules and safety codes when making these changes, and you can’t block pathways for neighbors.
•If you move out and the next person doesn’t need the disability modifications, you must remove them (like ramps) if they’re outside your home.

Example

A person who uses a wheelchair moves into a ground-floor apartment and wants to add a ramp to the front door.

Key Takeaways

Example

Key Terms

References

§ 4760 Member Property Modifications

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References