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In California, a condominium buyer purchases a unit in a common interest development. Under the Davis-Stirling Act, what does the buyer own?

Correct Answer

C) A fee simple interest in the unit and an undivided interest in the common areas

Under the California Davis-Stirling Common Interest Development Act (Civil Code §4000 et seq.), a condominium owner holds a fee simple interest in their individual unit (the airspace within the unit boundaries) and an undivided interest in the common areas (such as lobbies, pools, landscaping, and structural elements) shared with all other unit owners.

Answer Options
A
A leasehold interest in the unit and no interest in the common areas
B
A cooperative share in the entire building with a proprietary lease for the unit
C
A fee simple interest in the unit and an undivided interest in the common areas
D
A fee simple interest in the unit only, with no interest in common areas

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Related Topics & Key Terms

Key Terms:

condominiumDavis_Stirlingcommon_areasfee_simpleundivided_interest

Related Concepts

Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.

A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.

Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.

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