Glossary
Separate interest
The portion of a common interest development that is owned or occupied by a single owner, such as the interior of a unit, and, in some cases, an attached area assigned for that owner's exclusive use.
Why it matters
The line between a separate interest and a common area determines who controls an installation
location. In California, a household rooftop solar system on the roof of the building where the
owner lives — or on an adjacent garage or carport assigned for the owner's exclusive use — is
protected by Civil Code section 714.1 against general policies and member-vote approval
requirements, even when the roof itself is subject to association maintenance provisions.
Jurisdictional variation
The definition of separate interest is statutory and varies by state, and recorded declarations
can allocate components differently than the default rules. Check the declaration, condominium plan, parking or roof designation, and other governing documents to identify whether the roof is a separate interest, limited common element, or general common area.