Party Walls - Planned Development

[Ronld20*]

What is the name of your state (only U.S. law)? California I live in a Senior Planned Development consisting of 460 duplexes, each half is a separate lot with the center wall called a Party Wall. Would this wall be common area to subject us to the Davis-Stirling Civil Code? We don't have any other common area and section 1351 (b) states the common area of a Planned Development may consist of mutual or reciprocal easement rights appurtenant to the separate interests. Does that mean ALL separate interests or may it be interpreted to include only the two separate interests for each duplex. CC Section 1374 states that to be subject to Davis-Stirling Act, there must be common area, but it does not indicate if the common area must be owned ALL homeowners. Our board claims we are not subject to
Davis-Stirling after 25 years of a management company saying we were.What is the name of your state (only U.S. law)?

 

[festival]

What does it say in your governing documents such as the Declaration? There should be a section of definitions that includes "common areas", limited common elements, also a description of your property that will specify the common areas in writing, your ownership interests, easements and appurtenances, and also the duties of your association for maintenance of common areas using common funds.