California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5.3 — Commercial and Industrial Common Interest Developments, Chapter 4 — Ownership and Transfer of Interests, Article 2 — Restrictions on Transfers, Section 6656
(a) Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof. Nothing in this section shall be deemed to prohibit partition of a cotenancy in a condominium.
(b) The owner of a separate interest in a condominium project may maintain a partition action as to the entire project as if the owners of all of the separate interests in the project were tenants in common in the entire project in the same proportion as their interests in the common area. The court shall order partition under this subdivision only by sale of the entire condominium project and only upon a showing of one of the following:
(1) More than three years before the filing of the action, the condominium project was damaged or destroyed, so that a material part was rendered unfit for its prior use, and the condominium project has not been rebuilt or repaired substantially to its state prior to the damage or destruction.
(2) Three-fourths or more of the project is destroyed or substantially damaged and owners of separate interests holding in the aggregate more than a 50-percent interest in the common area oppose repair or restoration of the project.
(3) The project has been in existence more than 50 years, is obsolete and uneconomic, and owners of separate interests holding in the aggregate more than a 50-percent interest in the common area oppose repair or restoration of the project.
(4) Any conditions in the declaration for sale under the circumstances described in this subdivision have been met.
Notes
Limits partition of condominium common area to a sale of the entire project and only under stated conditions: material damage left substantially unrepaired for over three years; at least three-fourths destruction with owners holding over 50% of common-area interests opposing repair; a project over 50 years old with over 50% opposing; or declaration conditions authorizing sale.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 6656 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5-3/chapter-4/article-2/section-6656