Condominium amendment process

[40 CHAINS]

Condominium Parcel Map (attached) and CC&Rs were filed in 1993. In the recent years, 2 of the units shown as airspace lots on the PM have undergone some addition work and now essentially not conforming to the original condominium map/plan. The owners/association would like to now amend the title documents to reflect the new additions.
My question is: What is the best/easiest avenue to achieve this? Will filing an Amended Condominium Plan (DRE Exhibits) together with Amended CC&Rs accomplish this? Is an Amended Parcel Map needed since there is no separate Condominium Plan to begin with?
Also, since these are just additions to the airspace condominiums and the additions dimensions can be obtained from const. plans, is new/additional field work needed?

Thanks for any insight.

[mpallamary]

You need to amend the map, in this case it appears to be a resubdivision of the recorded parcel map. You will also need EVERYONE to sign off as you appear to be altering/amending common area. That includes all lenders and lien holders. I would get a preliminary report and see how the interests are divided, presumably undivided interests in common area. I do not think this is a DRE matter.

Good luck.

[dedkad]

Yikes! On the Condo Plans I see, there is usually a note that says the boundary of the condo unit is the structure itself and not necessarily the dimensions as shown on the Condo Plan. Too bad there wasn't a note like that on the map.

I would read through the CC&R's to see what rights the association has. Many times the association is given the right to grant easements. Maybe they could grant an easement to the two units and you wouldn't need to amend the map and get every owner and lienholder's signature.

[40 CHAINS]

Thanks Mike.
Based on Civil Code §6628 (below), I'm still not convinced that this has to be a parcel map and go through the city/county review process.

"Civil Code §6628. Amending or Revoking Condominium Plan.

A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 6626."

ALSO:

"Civil Code §6626. Recordation of Condominium Plan.

(a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 6624 shall be signed and acknowledged by all of the following persons:

(1) The record owner of fee title to that property included in the condominium project.

(2) In the case of a condominium project that will terminate upon the termination of an estate for years, by all lessors and lessees of the estate for years.

(3) In the case of a condominium project subject to a life estate, by all life tenants and remainder interests.

(4) The trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property.

(b) Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the certificate.

(c) In the event a conversion to condominiums of a stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion."

*********************************************************
dedkad: I've seen the note you are referring to on most condo plans and always put it the plans I produce however I would believe that it pertains to minor discrepancies between the dimensions which are often generated from the arch plans and what is actually constructed. In this case we're talking about 400-500sf addition.
Interesting idea with the easements though.

[mpallamary]

As I understand the document, the condominiums are plotted on the parcel map. This is uncommon. Usually the parcel map is a one lot/parcel map and it is used as an approval mechanism for the discretionary approval of X number of units. Conditions and the like are attached to it. Then, a diagrammatic condominium plan accompanies it. The homeowners have control of the diagrammatic plans whereas a municipality has control over the map. A parcel map is a creature of the SMA while a condo plan is a creature of the civil code. Two different things.


This is SMA: "66444. The content and form of parcel maps shall be governed by the provisions of this article."

I believe once a map is recorded, it is governed by the SMA. Unless I missed this, the condominium units are shown on the map. Thus, I believe they are governed by Davis Stirling as amended 2014, to wit:


********************************************
Davis-Stirling Act
Civil Code §4285. Condominium Plan Requirements.

A condominium plan shall contain all of the following:

(a) A description or survey map of a condominium project, which shall refer to or show monumentation on the ground.

(b) A three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common area and each separate interest.

(c) A certificate consenting to the recordation of the condominium plan pursuant to this act that is signed and acknowledged as provided in Section 4290.

(Added by Stats. 2012, Ch. 180, Sec. 2. Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Read more: Civil Code §4285 http://www.davis-stirling.com/MainIndex ... z3mCAuGlU8
from Davis-Stirling.com by Adams Kessler PLC. If your association needs legal assistance, call us at (800) 464-2817.

[mpallamary]

And just to be sure we are on the same page, the section you cited is for a commercial project. I am citing a residential project. Forgive me if I misunderstood. I assumed this was residential.

CIVIL CODE
SECTION 6500-6524

6500. This part shall be known, and may be cited, as the Commercial
and Industrial Common Interest Development Act. In a provision of
this part, the part may be referred to as the act.

6502. Division, part, title, chapter, article, and section headings
do not in any manner affect the scope, meaning, or intent of this
act.

6505. Nothing in the act that added this part shall be construed to
invalidate a document prepared or action taken before January 1,
2014, if the document or action was proper under the law governing
common interest developments at the time that the document was
prepared or the action was taken. For the purposes of this section,
"document" does not include a governing document.