Associations will now be permitted, without member approval, to grant exclusive use of the common area in order to:

  1. Accommodate a disability
  2. Eliminate or fix certain construction issues
  3. Install electric vehicle charging stations (subject to certain requirements)

Nevertheless, an association granting exclusive use of common area may want to consider requiring a covenant tied to the association’s property. The covenant describes maintenance, insurance, and legal responsibilities for the exclusive use area, and protects the associations’ interests.

To learn more about key changes to the Davis-Stirling Act, please visit What You Need to Know: The New Davis-Stirling Act.