Party Walls

Association clients and managers often struggle to determine who is responsible for maintaining and repairing walls within the association.  The operative fact for determining who is responsible for the wall is often whether the wall is (1) located on a property line between two separate lots; (2) a wall located on the boundary line between a lot and common area; or (3) a wall located wholly upon a lot.  Under common law, a wall located on the line between properties is a “party wall.”

An association’s CC&Rs may address “party walls” (or the same concept with a different name) and who is responsible for maintaining and repairing such walls within the association.  If the CC&Rs address the maintenance and repair of party walls, we advise associations to always follow the provisions of the governing documents.  While a strict following of the governing documents may anger some owners and may result in some political fallout for the Board, we advise an association to enforce or amend the CC&Rs.

For instance, an association’s CC&Rs may provide that “[a]ll fences adjoining Common Areas, parks or washes…shall be maintained by the Association except that each Owner shall remain responsible for painting and maintaining the surface of the portion of the perimeter wall facing his Lot or Parcel….”  This CC&R provision obligates the Association to maintain the exterior walls bordering Common Areas, with the exception of the surface of the wall which faces a homeowner’s lot.  Therefore, the association must abide by this provision and maintain the exterior walls bordering Common Areas.  If the association no longer wants this responsibility, it must amend its CC&Rs.

Most CC&Rs provide an exception to the basic party wall principles if a wall is damaged or destroyed through the willful or negligent act of an owner.  For example, the CC&Rs may state that ‘if a Party Wall is damaged or destroyed through the willful or negligent act of an Owner, his tenants, agents, guests, or family, the Owner shall be obligated to rebuild or repair the Party Wall at his sole expense.”   This CC&R provision obligates an owner to repair and pay for the cost of repair for damage to a party wall that is caused by his willful or negligent act.  For instance, if a wall is damaged as a result of a sprinkler and/or drip system that sprays directly at the wall, if the association can establish negligence, such owner will be responsible for repairing the wall at his expense.

In the absence of express language in the CC&Rs regarding maintenance of the walls, common law party wall principles dictate who is responsible for maintaining and repairing walls within the association.   If a wall is located between two separate lots, the cost of repair and maintenance is shared by the lot owners.  If a party wall is on the property line between the lot and common area, the cost of repairs and maintenance is generally shared by the lot owner and the association.  If the wall is wholly on common area, the association is responsible for the maintenance and repair of the party wall.  Likewise, if the wall is wholly on a lot, the lot owner would be responsible for the maintenance and repair of such wall.    As it is not always easily discernable where the wall lies, the association may need to conduct a survey to determine exactly where a particular wall is located to determine who is responsible to maintain and repair.

If you have questions about walls or about what your documents say about them, contact Nikita Patel or another attorney in our office.