Untitled California Attorney General Opinion

BACKGROUND

As we understand the scenario presented by this question, some gates are closed to vendors but other gates remain open to them. Thus, vendors have a means of ingress to each separate unit in the community, but not necessarily through the most convenient gate.

1 21-501 We are informed that a particular situation in Assembly District 73 prompted this request, and we received many comments containing competing factual assertions about a particular community and homeowners association. 1 We underscore that this opinion does not make any findings of fact or render conclusions pertaining to any particular homeowners association. As we have explained in prior opinions, “[w]e are not an adjudicative, fact-finding body.” 2 Our function “is not to resolve factual disputes, or disputes as to conflicting inferences which may arise from such facts, but to render opinions on legal questions.”

Thus, this opinion addresses only the question of law presented in the request, which asks us to interpret Civil Code section 4505(a). That section applies in “a community apartment project and condominium project, and in those planned developments with common area owned in common by the…