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Can New Pershing Square Prevail? : Destroyed Condos May Not Be Repaired

March 06, 1994

This letter concerns condominiums that were destroyed or substantially damaged by the Northridge earthquake.

Your readers who own condos need to know that California law does not require that destroyed units be repaired. Section 1364 (a) of the California Civil Code states that the owners' association is responsible for repairing, replacing or maintaining the common areas, unless otherwise provided in the declaration of the development. It is not unusual for such declarations to allow the owners to decide whether destroyed units will be repaired. Concerned readers should carefully review their declarations to determine their rights and the time period in which their rights may be exercised.

J. ANTHONY MARINO

Encino

The writer is an attorney.

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