condo area dispute

[dmi]

I was wondering if you had ever dealt with this situation. it is a dispute over the original unit dimensions. The original dimensions produce an area of 2194 sq. ft but the exhibit shows an area of 2119.6 and the assessor’s office assessed the area at 2120 sq.ft. The management company has taken it upon themselves to re measure all the units and in this unit they make the area 2461. They refuse to produce any document, maps calcs etc that justify how they arrived at their new area for the unit in question. The homeowner can dispute the HOA management co’.s area but they have to pay $60 an hour for the reivew. It appears that there is some extra sq footage that would be within the boundary of the unit but was not included in the original air space plans and an alteration to the interior that includes a catwalk over an area that at one time was open for 2 floors in the living room. I have no idea if this type of remodel actually adds sq. ft. to the unit or not.

citations welcomed and thanks for the help

[Warren Smith]

The airspace diagrammatics defined the 2D dimensions, and the lower and upper limits. If physical changes have occurred, those would need to be reflected in an amended condo plan to qualify as additional square footage.

Citation - hmm. The C, C & Rs incorporate the diagrammatics as the definition of airspace, and provides a method for amending them pursuant to Civil Code sections 6624 and 6628.

[Ric7308]

Just thinking out loud here..

The management company has taken it upon themselves to re measure all the units and in this unit they make the area 2461. They refuse to produce any document, maps calcs etc that justify how they arrived at their new area for the unit in question.

Does a management company (HOA, etc.) have the authority to perform these measurements and declare an area given that they are essentially measuring subdivided ownership (air space)?

[dmi]

Only a licensed land surveyor or a pre 82 Civil is authorized to re-survey these units.... yup seems correct to me... thanks again. oh sorry for the imprecision in my language by taking on the re-measuring, I include in the meaning of that statement that they HIRED someone to do it on their behalf.... I will find out if it is a person licensed to survey

[dedkad]

The management company works for the members of the HOA. Seems to me your client should be reaching out to the officers of his HOA and the HOA Board would be well within their right to insist that the documentation be turned over to your client. What does the management association intend to do with this information anyway?

[Warren Smith]

In order for the original dimensions of the condominium plans to be updated, an amended condo plan needs to be recorded. This will need to be signed by all owners of the units within the condominium development. It is not capable of being delegated to the HOA.

This is pursuant to Civil Code section 6628.