The Fourth Appellate District affirmed a judgment. The court held that under the CC&Rs of a homeowner association, a sewer pipe was a common area to be maintained and repaired by the association, not “an exclusive use common area appurtenant” to an individual owner’s separate interest.
Patrick Jennison owned a condominium in The Dover Village Association, a housing complex. Jennison had a leaky sewer pipe that ran two feet beneath a concrete slab that underlay his condominium unit. The association repaired the leak, then asked Jennision to pay the cost, reasoning that Jennison was responsible for repair bill because the sewer pipe was in an “exclusive use common area” for which he was responsible.
